St. Germain v. Howard, No. 08-30364.
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | Per Curiam |
| Citation | 556 F.3d 261 |
| Parties | Lesley Simmons ST. GERMAIN; Hillary Rose Hillyer; Melissa Branighan Luminais, Plaintiffs-Appellants, v. D. Douglas HOWARD, Jr.; D. Douglas Howard, Jr. & Associates; Howard & Reed, Attorney at Law, Defendants-Appellees. |
| Docket Number | No. 08-30364. |
| Decision Date | 20 January 2009 |
v.
D. Douglas HOWARD, Jr.; D. Douglas Howard, Jr. & Associates; Howard & Reed, Attorney at Law, Defendants-Appellees.
[556 F.3d 262]
Mark Edw. Andrews (argued), Andrews Arts & Sciences Law, New Orleans, LA, for Plaintiffs-Appellants.
Nancy Jane Marshall, Joanne P. Rinardo (argued), Deutsch, Kerrigan & Stiles, New Orleans, LA, for Defendants-Appellees.
Appeal from the United States District Court Eastern District of Louisiana.
Before GARWOOD, GARZA and OWEN, Circuit Judges.
PER CURIAM:
Plaintiffs-Appellants Leslie St. Germain et al. ("Appellants") appeal the district court's dismissal of their civil Racketeer Influenced and Corrupt Organizations ("RICO") suit against Defendants-Appellees D. Douglas Howard and the two law firms with which he is affiliated ("Appellees"). Appellants alleged violations of RICO and various state law claims arising out of Appellees' prior legal representation of Appellants. The district court dismissed Appellants' RICO claims with prejudice under FED.R.CIV.P. 12(b)(6), and dismissed the pendent state law claims without prejudice pursuant to its jurisdiction under 28 U.S.C. § 1367. The district court also denied Appellants leave to amend their complaint under Fed.R.Civ.P. 15(a) and taxed costs to Appellants.
We review de novo the dismissal of a complaint under FED.R.CIV.P. 12(b)(6), Elsensohn v. St. Tammany Parish Sheriff's Office, 530 F.3d 368, 371 (5th Cir.2008), and review for abuse of discretion the district court's refusal to allow a party to amend its pleadings, taxing of costs to a party, and dismissal of pendent state law claims. See Robertson v. Plano City, 70 F.3d 21, 22 (5th Cir.1995); 28 U.S.C. § 1367(c); McLeod, Alexander, Powel & Apffel, P.C. v. Quarles, 894 F.2d 1482, 1488 (5th Cir.1990).
The district court did not err in dismissing Appellants' RICO claims under Rule 12(b)(6). Claims under RICO, 18 U.S.C. § 1962, have three common elements: "(1) a person who engages in (2) a pattern of racketeering activity, (3) connected to the acquisition, establishment, conduct, or control of an enterprise." Abraham v. Singh, 480 F.3d 351, 355 (5th Cir.2007). A pattern of racketeering activity consists of two or more predicate criminal acts that are (1) related and (2) amount to or pose a threat of continued criminal activity. Id. The predicate acts can be either state or federal crimes. In their complaint, Appellants alleged that the predicate acts committed by Appellees were mail and wire fraud. However, the district court found, and Appellants acknowledged, that the "patterns of racketeering activity" they allege are at worst violations of the rules of professional responsibility.1 Because Appellants have not alleged the requisite predicate criminal acts under RICO, they have not met the pleading standard of Rule 12(b)(6).2
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Williams v. J.B. Hunt Transp., Inc., No. Civ. A. H–13–2510.
...and instead required that a complaint allege enough facts to state a claim that is plausible on its face." St. Germain v. Howard, 556 F.3d 261, 263 n. 2 (5th Cir.2009), citing In re Katrina Canal Breaches Litig., 495 F.3d 191, 205 (5th Cir.2007) ("To survive a Rule 12(b)(6) motion to dismis......
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Escuadra v. Geovera Specialty Ins. Co., No. 1:09-CV-974
...required that a complaint allege enough facts to state a claim that is739 F.Supp.2d 979plausible on its face." St. Germain v. Howard, 556 F.3d 261, 263 n. 2 (5th Cir.2009) (emphasis added) (citing In re Katrina Canal Breaches Litig., 495 F.3d 191, 205 (5th Cir.2007) ("To survive a Rule 12(b......
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In re Houston Am. Energy Corp., Civ. A. No. H–12–1332.
...and instead required that a complaint allege enough facts to state a claim that is plausible on its face.” St. Germain v. Howard, 556 F.3d 261, 263 n. 2 (5th Cir.2009), citing In re Katrina Canal Breaches Litig., 495 F.3d 191, 205 (5th Cir.2007) (“To survive a Rule 12(b)(6) motion to dismis......
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Mathis v. Brazoria Cnty. Sheriff's Office, CIVIL ACTION NO. H-08-3703
...may decline to exercise supplemental jurisdiction over state-law claims where it has dismissed the federal claims. St. Germain v. Howard, 556 F.3d 261, 363-64 (5th Cir. 2009) (citing 28 U.S.C. § 1367(c)). Because Mathis's § 1983 claims have been dismissed, the court declines to exercise sup......
-
Williams v. J.B. Hunt Transp., Inc., No. Civ. A. H–13–2510.
...and instead required that a complaint allege enough facts to state a claim that is plausible on its face." St. Germain v. Howard, 556 F.3d 261, 263 n. 2 (5th Cir.2009), citing In re Katrina Canal Breaches Litig., 495 F.3d 191, 205 (5th Cir.2007) ("To survive a Rule 12(b)(6) motion to dismis......
-
Escuadra v. Geovera Specialty Ins. Co., No. 1:09-CV-974
...required that a complaint allege enough facts to state a claim that is739 F.Supp.2d 979plausible on its face." St. Germain v. Howard, 556 F.3d 261, 263 n. 2 (5th Cir.2009) (emphasis added) (citing In re Katrina Canal Breaches Litig., 495 F.3d 191, 205 (5th Cir.2007) ("To survive a Rule 12(b......
-
In re Houston Am. Energy Corp., Civ. A. No. H–12–1332.
...and instead required that a complaint allege enough facts to state a claim that is plausible on its face.” St. Germain v. Howard, 556 F.3d 261, 263 n. 2 (5th Cir.2009), citing In re Katrina Canal Breaches Litig., 495 F.3d 191, 205 (5th Cir.2007) (“To survive a Rule 12(b)(6) motion to dismis......
-
Mathis v. Brazoria Cnty. Sheriff's Office, CIVIL ACTION NO. H-08-3703
...may decline to exercise supplemental jurisdiction over state-law claims where it has dismissed the federal claims. St. Germain v. Howard, 556 F.3d 261, 363-64 (5th Cir. 2009) (citing 28 U.S.C. § 1367(c)). Because Mathis's § 1983 claims have been dismissed, the court declines to exercise sup......
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RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
...relationship they bear . . . ’ that indicates whether they manifest the continuity required to prove a pattern.”); St. Germain v. Howard, 556 F.3d 261, 263 (5th Cir. 2009) (noting a “pattern of racketeering activity” must include at least two predicate acts that are related and pose a threa......