Civil RICO: The Propriety of Concurrent State Court Subject Matter Jurisdiction
Catherine M. DiDomenico
Abstract
Open-access reader
Catherine M. DiDomenico
Abstract
Open-access reader
This Note argues that the act should be interpreted to authorize concurrent jurisdiction.Part I discusses civil RICO and its legislative history.Part II examines Gulf Offshore Co. v. Mobil Oil Corp. " and the criteria that the court's decision establishes for determining whether subject matter jurisdiction is exclusive or concurrent.Part III explains how the Gulf Offshore criteria apply to civil RICO.This Note concludes that when applied to civil RICO, the Gulf Offshore factors do not rebut the presumption of concurrent jurisdiction that generally applies when a statute is silent on the question.I. CIVIL RICO Enacted to undermine the economic base of organized crime, 1 ' civil Nat'l Bank, 642 F. Supp.862 (W.D. Ky.
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This Note argues that the act should be interpreted to authorize concurrent jurisdiction.Part I discusses civil RICO and its legislative history.Part II examines Gulf Offshore Co. v. Mobil Oil Corp. " and the criteria that the court's decision establishes for determining whether subject matter jurisdiction is exclusive or concurrent.Part III explains how the Gulf Offshore criteria apply to civil RICO.This Note concludes that when applied to civil RICO, the Gulf Offshore factors do not rebut the presumption of concurrent jurisdiction that generally applies when a statute is silent on the question.I. CIVIL RICO Enacted to undermine the economic base of organized crime, 1 ' civil Nat'l Bank, 642 F. Supp.862 (W.D. Ky.
Key concepts: Subject matter, Jurisdiction, Law, Political science, Subject-matter jurisdiction, State (computer science), Subject (documents), Civil procedure