Rudolf A. Norman & Thomas G. Bassett v. Niagara Mohawk Power Corp., 873 F.2d 634 (2d Cir. 1989). · Go Syfert
Rudolf A. Norman & Thomas G. Bassett v. Niagara Mohawk Power Corp., 873 F.2d 634 (2d Cir. 1989). Cases Citing This Book View Copy Cite
“ecause ... the general goals of rico and the flsa vary, not find that the flsa can preempt the rico claim in this case.”
88 citation events (43 in the last 25 years) across 17 distinct courts.
Strongest positive: DeSilva v. North Shore-Long Island Jewish Health System, Inc. (nyed, 2011-03-16)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 48 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) DeSilva v. North Shore-Long Island Jewish Health System, Inc.
E.D.N.Y · 2011 · quote attribution · 1 verbatim quote · confidence high
ecause ... the general goals of rico and the flsa vary, not find that the flsa can preempt the rico claim in this case.
cited Cited as authority (rule) Reid v. Exelon Corporation LLC
S.D.N.Y. · 2022 · confidence medium
The Secretary may seek civil enforcement of its order against an employer in federal court.” Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 637 (2d Cir. 1989).
discussed Cited as authority (rule) Emilio Torres v. Salvatore Vitale
6th Cir. · 2020 · confidence medium
In Norman v. Niagara Mohawk Power Corp., the Second Circuit affirmed the dismissal of a RICO claim as precluded by the remedy provided by the Energy Reorganization Act. 873 F.2d 634, 636 (2d Cir. 1989).
discussed Cited as authority (rule) Montpelier v. Green Mountain Care
D. Vt. · 2019 · confidence medium
See Monahan v. New York City Dep’t of Corr., 214 F.3d 275 , 289–90 (2d Cir. 2000) (“The hundreds of new incidents about which plaintiffs now complain fall within the same queue as those of injured officers who sought additional time out-of-residence under the earlier version.”); Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 638 (2d Cir. 1989) (holding that prior dismissal of civil rights claims precluded subsequent action despite allegations of new acts of harassment); Waldman v. Village of Kiryas Joel, 39 F. Supp. 2d 370, 379 (S.D.N.Y. 1999) (concluding that res judicata barred …
discussed Cited as authority (rule) Brink v. Xe Holding, LLC
D.D.C. · 2012 · confidence medium
Motors Corp., 234 F.3d 514, 522-25 (11th Cir.2000) Bodimetric Health Seros., Inc. v. Aetna Life & Cas., 903 F.2d 480 , 486-87 (7th Cir.1990); Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 637-38 (2d Cir.1989); cf Brown v. Cassens Transport Co., 675 F.3d 946, 954-55 (6th Cir.2012) (noting that fed eral courts “have held RICO inapplicable to claims that should háve been raised before federal agencies that had exclusive-remedy clauses in their enabling statutes,” but finding that state statute did not preempt RICO claim).
discussed Cited as authority (rule) Gordon v. Kaleida Health
W.D.N.Y. · 2012 · confidence medium
For example, in Norman v. Niagara Mohawk Power Corp., the plaintiffs brought a claim under RICO alleging that their employer retaliated against them when they attempted to bring the employer’s pattern of racketeering to the attention of regulatory authorities. 873 F.2d 634, 635 (2d Cir.1989).
discussed Cited as authority (rule) Brown v. Cassens Transport Co.
E.D. Mich. · 2010 · confidence medium
See also Bodimetric Health Servs., Inc. v. Aetna Life & Casualty, 903 F.2d 480 , 486-487 (7th Cir.1990) (holding that RICO claims were foreclosed by the exclusive benefits determination process of the Social Security Act); Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 637 (2d Cir.1989) (relying on Daniel-sen to hold that the Energy Reorganization Act provides the exclusive remedy for violations of its proscriptions and dismissing plaintiffs’ RICO claim, cautioning that “artful invocation of controversial civil RICO, particularly when inadequately pleaded, cannot conceal the reality t…
discussed Cited as authority (rule) Johnson v. KB HOME
D. Ariz. · 2010 · confidence medium
See Adkins v. Mireles, 526 F.3d 531, 542 (9th Cir.2008) (holding that claims arguably based on unfair labor practices could not be brought under RICO because they fell within the exclusive jurisdiction of the National Labor Relations Board); Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 637 (2d Cir.1989) (finding a RICO claim barred because the Energy Reorganization Act, 42 U.S.C. § 5851 , provided an exclusive remedy).
discussed Cited as authority (rule) Brown v. First Tennessee Bank National Ass'n
N.D. Ga. · 2009 · confidence medium
In language borrowed from the Second Circuit, the Eleventh Circuit noted: “ ‘[a]rtful invocation of controversial civil RICO ... cannot conceal the reality that the gravamen of the complaint herein is fa violation of the underlying statute].’ ” Id. at 525 (quoting Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 637 (2d Cir.1989)).
discussed Cited as authority (rule) Brown v. FIRST TENNESSEE BANK NAT. ASS'N
N.D. Ga. · 2009 · confidence medium
In language borrowed from the Second Circuit, the Eleventh Circuit noted: "`[a]rtful invocation of controversial civil RICO . . . cannot conceal the reality that the gravamen of the complaint herein is [a violation of the underlying statute].'" Id. at 525 (quoting Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 637 (2d Cir.1989)).
discussed Cited as authority (rule) Williams v. United Airlines, Inc.
9th Cir. · 2007 · confidence medium
See, e.g., Love, 310 F.3d at 1351-60 (anti-discrimination provision under the Air Carrier Access Act); Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 637-38 (2d Cir.1989) (whis-tleblower protection provision under the Energy Reorganization Act); Taylor v. Brighton, Corp., 616 F.2d 256, 258-64 (6th Cir.1980) (whistleblower protection provi *1025 sion in the Occupational Safety and Health Act).
discussed Cited as authority (rule) Williams v. United Airlines, Inc.
9th Cir. · 2007 · confidence medium
See, e.g., Love, 310 F.3d at 1351-60 (anti-discrimination provision under the Air Carrier Access Act); Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 637-38 (2d Cir. 1989) (whistleblower protection provision under the Energy Reorganization Act); Taylor v. Brighton, Corp., 616 F.2d 256, 258-64 (6th Cir. 1980) (whistleblower protection provision in the Occupational Safety and Health Act).
discussed Cited as authority (rule) Timothy A. McCulloch v. PNC Bank, Inc.
11th Cir. · 2002 · confidence medium
See, e.g., Danielsen v. Burnside-Ott Aviation Training Center, Inc., 941 F.2d 1220, 1229 (D.C.Cir.1991) (affirming dismissal of RICO claim where alleged mail and wire fraud consisted of violations of the Service Contract Act, which had an exclusive administrative remedy); Norman v. Niagara Mohawk Power Group, 873 F.2d 634, 637-38 (2d Cir.1989) (rejecting plaintiffs’ attempt to circumvent administrative remedies in Energy Reorganization Act by pleading their claim in RICO terms).
discussed Cited as authority (rule) Kathleen Madaline Jarvis, Individually and as a Parent and Guardian of Paul Michael Attila Jarvis, a Minor v. Ford Motor Company (2×)
2d Cir. · 2002 · confidence medium
The facts are merely the means, and not the end.”) (internal quotation marks omitted); Werlein v. City of New Orleans, 177 U.S. 390, 400 , 20 S.Ct. 682 , 44 L.Ed. 817 (1900) (different grounds complaining of same basic wrong and fact pattern form one single cause of action); Saud v. Bank of N.Y., 929 F.2d 916, 919 (2d Cir.1991) (“it is the facts surrounding the transaction or occurrence which operate to constitute the cause of action, not the legal theory upon which a litigant relies”) (quoting Expert Elec., Inc. v. Levine, 554 F.2d 1227 , 1234 (2d Cir.) cert. denied 434 U.S. 903 , 98 S.…
discussed Cited as authority (rule) De Falco v. Bernas
2d Cir. · 2001 · confidence medium
The private right of action provision of RICO provides that: Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney’s fee. 18 U.S.C. § 1964 (c). “ ‘The phrase “by reason of’ requires that there be a causal connection between the prohibited conduct and [the] plaintiffs injury.’ ” County of Suffolk v. Long Island Lighting Co., 907 F.2d 1295, 1311 (2d Cir.1990) …
discussed Cited as authority (rule) De Falco v. Bernas
2d Cir. · 2001 · confidence medium
Thus, the jury's determination of $1,600,000 (exactly 20% less than the lower profit figure) is clearly supportable. 245 Brief of Plaintiffs-Appellees-Cross-Appellants at 47 (footnotes omitted). 246 The private right of action provision of RICO provides that: 247 Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney's fee. 248 18 U.S.C. § 1964 (c). "'The phrase "by reason…
discussed Cited as authority (rule) Livingston v. Shore Slurry Seal, Inc.
D.N.J. · 2000 · confidence medium
See, e.g., Bodimetric Health Servs., Inc. v. Aetna Life & Casualty, 903 F.2d 480 , 486-87 (7th Cir.1990)(holding that RICO claims preempted by administrative benefits determination procedure under Social Security Act); Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 637-638 (2d Cir.1989)(RICO action dismissed where Energy Reorganization Act provided exclusive remedy for aggrieved plaintiff-employees); Bridges v. Blue Cross and Blue Shield Assoc., 935 F.Supp. 37, 43 (D.D.C.1996)(holding that “the detailed enforcement scheme of the [Federal Employee Health Benefits Act] leaves no room for …
discussed Cited as authority (rule) Waldman v. Village of Kiryas Joel (2×) also: Cited "see"
S.D.N.Y. · 1999 · confidence medium
Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 638 (2d Cir.1989); Bloomquist, 894 F.Supp. at 115 ; Yaba, 961 F.Supp. at 622 (holding plaintiffs second complaint barred because an allegation of hostile work environment includes claims of an ongoing pattern); see also Woods, 972 F.2d at 38-39 (holding civil rights act claim barred by res judicata because both suits were based on the same factual predicate regardless of any new legal theory).
discussed Cited as authority (rule) Fonseca v. Columbia Gas Systems, Inc.
W.D.N.Y. · 1998 · confidence medium
Instead, the critical inquiry for the court on a motion to dismiss the complaint on res judicata grounds is whether the two suits “center on the same transaction or series of transactions, or they arise from a ‘single core of operative facts ....’” Blo-omquist v. Brady, 894 F.Supp. 108, 114 (W.D.N.Y.1995) (quoting Norman v. Niagara Mohawk Power Corporation, 873 F.2d 634, 638 (2d Cir.1989)).
discussed Cited as authority (rule) In Re Sumitomo Copper Litigation
S.D.N.Y. · 1998 · confidence medium
Sufficiency of Allegations of Reliance In civil ■ RICO claims, this Circuit has required a “causal connection between *458 the prohibited conduct and plaintiffs injury.” Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 636 (2d Cir.1989).
discussed Cited as authority (rule) DeFalco v. Dirie
S.D.N.Y. · 1997 · confidence medium
The requirement that the injury be the product of the conduct constituting the violation assumes particular importance here because “a defendant is not liable for treble damages to everyone he might have injured by conduct other than that prohibited by RICO.” Norman v. Niagara Mohawk Power Corp. 873 F.2d 634, 636 (2d Cir.1989); Hecht v. Commerce Clearing House, 897 F.2d 21 (2d Cir.1990); see Holmes, 503 U.S. at 269 , 112 S.Ct. at 1318 (“the less direct the injury is, the more difficult it becomes to ascertain the amount of a plaintiffs damages attributable to the violation, as distinct f…
discussed Cited as authority (rule) Ramirez v. Brooklyn Aids Task Force (2×)
E.D.N.Y · 1997 · confidence medium
For it is the facts surrounding the transaction or occurrence which operate to constitute the cause of action, not the legal theory upon which a litigant relies.” Expert Elec., Inc. v. Levine, 554 F.2d 1227, 1234 (2d Cir.), cert. denied, 434 U.S. 903 , 98 S.Ct. 300 , 54 L.Ed.2d 190 (1977); accord Woods v. Dunlop Tire Corp., 972 F.2d 36, 39 (2d Cir.1992), cert. denied, 506 U.S. 1053 , 113 S.Ct. 977 , 122 L.Ed.2d 131 (1993); Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 638 (2d Cir.1989) (res judicata applies to claims arising “from a ‘single core of operative facts’ ”) (citation…
discussed Cited as authority (rule) United States v. Construction Products Research, Inc. Five Star Products, Inc. And H. Nash Babcock
2d Cir. · 1996 · confidence medium
Co., 496 U.S. 72 , 83 n. 6, 110 S.Ct. 2270 , 2277 n. 6, 110 L.Ed.2d 65 (1990) (“[T]he enforcement and implementation of [§ 5851] was entrusted by Congress not to the NRC — the body primarily responsible for nuclear safety regulation — but to the Department of Labor.”) (emphasis added); Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 637 (2d Cir.1989).
discussed Cited as authority (rule) Bloomquist v. Brady (2×) also: Cited "see, e.g."
W.D.N.Y. · 1995 · confidence medium
Norman v. Niagara Mohawk Power Corporation, 873 F.2d 634, 638 (2d Cir.1989) (quoting Car Carners, Inc. v. Ford Motor Co., 789 F.2d 589, 596 (7th Cir.1986)).
discussed Cited as authority (rule) Red Ball Interior Demolition Corp. v. Palmadessa
S.D.N.Y. · 1995 · confidence medium
Although the Court has stated that Congress intended RICO to be generously construed, see Sedima, 473 U.S. at 497 , 105 S.Ct. at 3285 , there are bounds to interpretive liberality.”); see also County of Suffolk v. Long Island Lighting Co., 907 F.2d 1295 , 1311 (2d Cir.1990); Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 636 (2d Cir.1989); Sperber v. Boesky, 849 F.2d 60, 64 (2d Cir.1988); Tribune Co. v. Purcigliotti, No. 93 Civ. 7222, 1994 WL 642839 , at *2, (S.D.N.Y.
discussed Cited as authority (rule) Sable v. Southmark/Envicon Capital Corp.
S.D.N.Y. · 1993 · confidence medium
“The phrase ‘by reason of requires that there be a causal connection between the prohibited conduct and plaintiffs injury.” County of Suffolk v. Long Island Lighting Co., 907 F.2d 1295, 1311 (2d Cir. 1990) (quoting Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 636 (2d Cir. 1989)).
discussed Cited as authority (rule) Manson v. Stacescu
D. Conn. · 1993 · confidence medium
In Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 635-37 (2d Cir.1989), the court denied standing to an employee who was suffering intimidation and harassment for blowing the whistle on his employer’s fraudulent activity.
discussed Cited as authority (rule) Metromedia Company v. William D. Fugazy, Travelco, Inc., Fugazy International Corporation, Roy D. Fugazy, William D. Fugazy, Travelco, Inc., Fugazy International Corporation, William D. Fugazy, Travelco, Inc., Fugazy International Corporation, Roy D. Fugazy, Third Party William D. Fugazy, Travelco, Inc., Fugazy International Corporation, Third Party v. John W. Kluge, Third Party Metromedia Company v. William D. Fugazy, Sr. And Roy D. Fugazy, William D. Fugazy, Sr.
2d Cir. · 1992 · confidence medium
We find no basis for reversal. 69 RICO provides that "[a]ny person injured in his business or property by reason of" a RICO violation may bring a civil action to recover treble damages. 18 U.S.C. § 1964 (c). " 'The phrase "by reason of" requires that there be a causal connection between the prohibited conduct and [the] plaintiff's injury.' " County of Suffolk v. Long Island Lighting Co., 907 F.2d 1295, 1311 (2d Cir.1990) (quoting Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 636 (2d Cir.1989)); see Holmes v. Securities Investor Protection Corp., --- U.S. ----, 112 S.Ct. 1311 , 117 L.Ed.…
discussed Cited as authority (rule) Metromedia Co. v. Fugazy
2d Cir. · 1992 · confidence medium
RICO provides that “[a]ny person injured in his business or property by reason of” a RICO violation may bring a civil action to recover treble damages. 18 U.S.C. § 1964 (c). “ ‘The phrase “by reason of” requires that there be a causal connection between the prohibited conduct and [the] plaintiff’s injury.’ ” County of Suffolk v. Long Island Lighting Co., 907 F.2d 1295, 1311 (2d Cir.1990) (quoting Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 636 (2d Cir.1989)); see Holmes v. Securities Investor Protection Corp., — U.S. -, 112 S.Ct. 1311 , 117 L.Ed.2d 532 (section 196…
discussed Cited as authority (rule) Haviland v. J. Aron & Co. (2×) also: Cited "see, e.g."
S.D.N.Y. · 1992 · confidence medium
See, e.g., Hecht, 897 F.2d at 22 (plaintiff claimed that he either had to “cooperate with the concealment of [the] frauds or lose his job”); Norman, 873 F.2d at 635-36 (plaintiffs claimed that they were “subjected to harassment and intimidation tactics” including false performance evaluations and demotions because they “threatened [defendant’s] ability to hide the true state of affairs”).
discussed Cited as authority (rule) United Fence & Guard Rail Corp. v. Royal Guard Fence Co.
E.D.N.Y · 1991 · confidence medium
As the Second Circuit has reasoned with respect to RICO claims, “ ‘[t]he phrase “by reason of” requires that there be a causal connection between the prohibited conduct and plaintiff’s injury.’ ” County of Suffolk v. Long Island Lighting Co., 907 F.2d 1295, 1311 (2d Cir.1990) (quoting Norman v. Niagara Mohawk Power Co., 873 F.2d 634, 636 (2d Cir.1989)).
discussed Cited as authority (rule) Ferndale Corp. v. Schulman Urban Development Associates
S.D.N.Y. · 1990 · confidence medium
The statute specifically requires an injury “by reason of” a RICO violation and “[t]he phrase ‘by reason of requires that there be a causal connection between the prohibited conduct and plaintiffs injury.” Norman v. Niagra Mohawk Power Corp., 873 F.2d 634, 636 (2d Cir.1989).
discussed Cited as authority (rule) Kramer v. Bachan Aerospace Corporation
6th Cir. · 1990 · confidence medium
See Hecht, 897 F.2d at 24-25 (former sales representative of Commerce Clearing House denied standing to sue where he was terminated for refusing to cooperate in concealment of fraudulent subscription scheme); Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 637 (2d Cir.1989) (former quality assurance auditors at nuclear plant denied standing under RICO where they were harassed in retaliation for the diligent conduct of inspection duties); Burdick, 865 F.2d at 529-30 (former vice-president of American Express denied standing to sue where he was fired in retaliation for his complaints about p…
discussed Cited as authority (rule) Kramer v. Bachan Aerospace Corp.
6th Cir. · 1990 · confidence medium
See Hecht, 897 F.2d at 24-25 (former sales representative of Commerce Clearing House denied standing to sue where he was terminated for refusing to cooperate in concealment of fraudulent subscription scheme); Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 637 (2d Cir.1989) (former quality assurance auditors at nuclear plant denied standing under RICO where they were harassed in retaliation for the diligent conduct of inspection duties); Burdick, 865 F.2d at 529-30 (former vice-president of American Express denied standing to sue where he was fired in retaliation for his complaints about p…
discussed Cited as authority (rule) County of Suffolk v. Long Island Lighting Co.
2d Cir. · 1990 · confidence medium
“The phrase ‘by reason of’ requires that there be a causal connection between the prohibited conduct and plaintiff’s injury.” Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 636 (2d Cir.1989); see also Sedima, 473 U.S. at 496 , 105 S.Ct. at 3285 (plaintiff “can only recover to the extent that[] he has been injured in his business or property by the conduct constituting the violation”); Hecht v. Commerce Clearing House, Inc., 897 F.2d 21, 23 (2d Cir.1990) (“RICO pattern or acts must proximately cause plaintiff’s injury.”).
discussed Cited as authority (rule) County Of Suffolk v. Long Island Lighting Company
2d Cir. · 1990 · confidence medium
"The phrase 'by reason of' requires that there be a causal connection between the prohibited conduct and plaintiff's injury." Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 636 (2d Cir.1989); see also Sedima, 473 U.S. at 496 , 105 S.Ct. at 3285 (plaintiff "can only recover to the extent that[ ] he has been injured in his business or property by the conduct constituting the violation"); Hecht v. Commerce Clearing House, Inc., 897 F.2d 21, 23 (2d Cir.1990) ("RICO pattern or acts must proximately cause plaintiff's injury.").
cited Cited as authority (rule) Bin Saud v. Bank of New York
S.D.N.Y. · 1990 · confidence medium
Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 638 (2d Cir.1989).
discussed Cited as authority (rule) Jeffrey Hecht v. Commerce Clearing House, Inc., William Miller, Louis Ceccoli, and Stanley Stephens
2d Cir. · 1990 · signal: cf. · confidence medium
See Burdick v. American Express Co., 865 F.2d 527, 529 (2d Cir.1989) (per curiam) (no standing for a stockbroker who alleged being fired and losing his client base for complaining about his employer's questionable practices); see also O’Malley, 887 F.2d at 1563 (no standing for vice president and dean of private university fired for refusing to participate in mail fraud scheme); Cullom v. Hibernia Nat’l Bank, 859 F.2d 1211, 1216 (5th Cir.1988) (no standing for employee constructively discharged for refusing to participate in fraudulent loan transactions); Pujol v. Shearson/American Express…
discussed Cited as authority (rule) Department of Economic Development v. Arthur Andersen & Co. (U.S.A.)
S.D.N.Y. · 1990 · confidence medium
Recently, the Second Circuit stated that the phrase “by reason of” in 18 U.S.C. § 1964 (c) which provides for a civil remedy in RICO, “requires that there be a causal connection between the prohibited conduct and the plaintiffs injury.” 22 Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 636 (2d Cir.1989).
discussed Cited "see" Mac Pherson v. State Street Bank and Trust Co.
E.D.N.Y · 2006 · signal: see · confidence high
See Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 638 (2d Cir.1989); see also In re Teltronics Services, Inc., 762 F.2d 185, 193 (2d Cir.1985) (“New legal theories do not amount to a new cause of action so as to defeat the application of the principle of res judicata.”).
cited Cited "see" Ayres v. General Motors Corp.
11th Cir. · 2000 · signal: see · confidence high
See id. at 636-37 .
discussed Cited "see" Monahan v. New York City Department of Corrections (2×)
2d Cir. · 2000 · signal: see · confidence high
See Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 638 (2d Cir.1989) (holding prior dismissal of civil rights claims precluded whistle blower’s subsequent RICO action despite allegations of new acts of harassment); Waldman v. Village of Kiryas Joel, 39 F.Supp.2d 370, 379 (S.D.N.Y.1999) (concluding res judicata barred resident’s Establishment Clause claims even though complaint relied on facts that postdated prior judgments), aff'd, 207 F.3d 105 (2d Cir.2000).
discussed Cited "see" Monahan v. New York City Department Of Corrections (2×)
2d Cir. · 2000 · signal: see · confidence high
See Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 638 (2d Cir. 1989) (holding prior dismissal of civil rights claims precluded whistle blower's subsequent RICO action despite allegations of new acts of harassment); Waldman v. Village of Kiryas Joel, 39 F. Supp. 2d 370, 379 (S.D.N.Y. 1999) (concluding res judicata barred resident's Establishment Clause claims even though complaint relied on facts that post-dated prior judgments), aff'd 207 F.3d 105 (2d Cir. 2000).
discussed Cited "see, e.g." Edelman v. United States Government
E.D.N.Y · 2020 · signal: see also · confidence medium
See also Norman v. Niagara Mohawk Power Group, 873 F.2d 634, 637-38 (2d Cir. 1989) (rejecting plaintiffs' attempt to circumvent administrative remedies in the Energy Reorganization Act by pleading their claim in RICO terms).
discussed Cited "see, e.g." Palmer v. Trump Model Management, LLC
S.D.N.Y. · 2016 · signal: see, e.g. · confidence medium
See, e.g., Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 637-38 (2d Cir.1989) (affirming dismissal of RICO claim where complaint, “distilled to its essence, alleges no more than that appellants were discriminated against for having made complaints about safety at a nuclear plant,” after concluding that Section 210 of the Energy Reorganization Act was the exclusive federal remedy for such a claim). 14 Here, Plaintiffs RICO claim, which is based on Defendants’ alleged misrepresentations in her labor application, falls squarely within the scope of the INA.
discussed Cited "see, e.g." Tarr v. Credit Suisse Asset Management, Inc.
E.D.N.Y · 1997 · signal: see also · confidence medium
See also Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 636 (2d Cir.1989) (“The phrase ‘by reason of requires that there be a causal connection between the prohibited conduct and plaintiffs injury”); Burdick v. American Express Co., 865 F.2d 527, 529 (2d Cir.1989) (per curiam) (“in order to establish standing, [plaintiff] must show that the damage to his business or property resulted from the alleged mail and securities fraud”).
discussed Cited "see, e.g." Kahn v. Chase Manhattan Bank, N.A.
S.D.N.Y. · 1991 · signal: see also · confidence medium
See also, County of Suffolk v. Long Island Lighting Co., 907 F.2d 1295, 1311 (2d Cir.1990) (“The RICO statute states that those persons injured ‘by reason of’ a RICO violation may maintain a civil RICO claim. 18 U.S.C. § 1964 (c). ‘The phrase “by reason of” requires that there be a causal connection between the prohibited conduct and plaintiff’s injury.’ ”) (quoting Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 636 (2d Cir.1989)).
discussed Cited "see, e.g." Danielsen v. Burnside-Ott Aviation Training Center, Inc.
D.D.C. · 1990 · signal: see, e.g. · confidence medium
See e.g., Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 637-638 (2d Cir.1989) (RICO action dismissed where Energy Reorganization Act provided exclusive remedy for aggrieved plaintiff-employees); Bodimetric Health Servs., Inc. v. Aetna Life & Casualty, 903 F.2d 480 , 486-87 (7th Cir.1990) (plaintiffs’ RICO claims preempted by administrative benefits determination procedure under Social Security Act); Brown v. Keystone Consol.
Retrieving the full opinion text from the archive…
Rudolf A. NORMAN and Thomas G. Bassett, Plaintiffs-Appellants,
v.
NIAGARA MOHAWK POWER CORPORATION, Defendant-Appellee
481, Docket 88-7496.
Court of Appeals for the Second Circuit.
Apr 27, 1989.
873 F.2d 634
David K. Colapinto and Michael D. Kohn, Washington, D.C., (Kohn & Associates and Stephen M. Kohn, Washington, D.C., on the brief), for plaintiffs-appellants., Robert W. Kopp, Syracuse, N.Y. (Bond, Schoeneck & King and Robert A. LaBerge, Syracuse, N.Y., of counsel), for defendant-appellee.
Van Graafeiland, Winter, Mahoney.
Cited by 54 opinions  |  Published
Pinpoint authority: bottom 54%
VAN GRAAFEILAND, Circuit Judge:

. Rudolf Norman and Thomas Bassett appeal from a judgment of the United States District Court for the Northern District of New York (Cholakis, J.) dismissing under Fed.R.Civ.P. 12(b) their RICO complaint against their employer, Niagara Mohawk Power Corporation (“Niagara”). For the reasons that follow, we affirm.

Niagara is a substantial part owner of the Nine Mile 2 nuclear power plant being constructed on the south shore of Lake Ontario near Oswego, New York. The plant is subject to regulation by both the Nuclear Regulatory Commission (“N/R Commission”) and the New York Public Service Commission (“P/S Commission”). Regulations adopted by the N/R Commission pursuant to the Energy Reorganization Act of 1974, 42 U.S.C. § 5801 et seq., require that certain quality assurance programs be adopted to ensure safety in the construction and operation of a plant such as Niagara’s. See 10 C.F.R. Part 50, Appendix B. The regulations provide for periodic audits to be conducted to verify compliance with the quality assurance programs and to determine their effectiveness. Id. § XVIII. During the early nineteen-eighties, appellants worked as quality assurance auditors for Niagara.

Section 206 of ERA, 42 U.S.C. § 5846, requires that persons having notice of statutory violations or safety defects shall immediately notify the N/R Commission. Section 210(a), 42 U.S.C. § 5851(a), provides in substance that no employer may discharge or otherwise discriminate against any employee with respect to his compensation, terms, conditions, or privileges of employment because the employee [blew the whistle] on the employer. Section 210(b), 42 U.S.C. § 5851(b), provides that any employee who believes that he has been improperly so discharged or discriminated against may file a complaint with the Secretary of Labor, who is given the power to provide broad relief.

Appellants contend that, because they attempted to bring various violations and defects to the attention of Niagara’s management and the N/R Commission, they were subjected to harassment and intimidation tactics, including, but not limited to, false performance evaluations as to their individual jobs, reassignment in positions amounting to demotions, and continued disparaging reports by Niagara, damaging to their future careers. In 1985, Norman filed two section 210(b) complaints with the Department of Labor in which he alleged a retaliatory course of conduct or series of continuous violations by Niagara. Both complaints were dismissed because of Norman’s failure to comply with the 30-day filing limitation period of section 210(b).

In 1985, Norman also joined two other auditors in a lawsuit in the United States District Court for the Northern District of New York alleging the same sort of harassment he alleges in the present action and seeking relief under both section 210 and the Civil Rights Statutes, 42 U.S.C. §§ 1983 and 1985. On May 28, 1985, then Chief Judge Howard Munson of the Northern District dismissed the complaint on Niagara’s Rule 12(b) motion, stating that “Congress granted no private cause of action to redress grievances by the nuclear industry employees in a Federal Court”, and that section 210 “provides a comprehensive administrative procedure under the auspices of the Secretary of Labor which cannot be circumvented by resort to Federal Court in[*636] the first instance....” He added that “[t]he Civil Rights Statutes may not serve as a vehicle for avoiding the procedures established in the Energy Reorganization Act”, and that “the rights granted by the statute [section 210] and the procedural devices to remedy their violation are inextricably linked within the same statute.”

Appellant Bassett also filed two section 210 complaints with the Department of Labor in 1985, both of which were dismissed. The Administrative Law Judge who directed the dismissal found, among other things, that Niagara was not conspiring to harass or retaliate against Bassett.

In 1986, appellants decided to have another go at Niagara, this time relying on ubiquitous RICO. In a 96-paragraph complaint, that barely, if at all, meets the requirements of Fed.R.Civ.P. 9(b), see Official Publications, Inc. v. Kable News Co., 692 F.Supp. 239, 245-46 (S.D.N.Y.1988), appellants allege that Niagara engaged in a pattern of racketeering in furtherance of a scheme to conceal from the P/S Commission, the N/R Commission and Niagara’s shareholders largely unspecified construction deficiencies, excessive costs and management failures. Appellants seek to make themselves victims of this scheme by alleging that Niagara “intended] to ruin” anyone who, through the faithful performance of his duties, threatened Niagara’s ability to hide the true state of affairs.

In dismissing the complaint, Judge Cho-lakis held that “once all the fat is trimmed away, we are left with little more than the allegations that the participation of Norman and Bassett in, and diligent conduct of, their duties in the Quality Assurance Program at [Niagara], resulted in a course of conduct of retaliation by the defendant.” The court continued, “these claims, ‘whistle blower claims’, are specifically covered within the confines of the ERA, 42 U.S.C. § 5851, requiring an aggrieved employee to file a complaint with the Secretary of Labor.” The district court also held that Norman “is barred at this time from relitigat-ing what are essentially identical claims to those heard before Judge Munson in May of 1985.”

As will be discussed infra, we agree completely with the district court’s decision so far as it went. However, we believe there are additional compelling reasons why the complaint properly was dismissed, and we may affirm on any grounds supported by the record. See Alfaro Motors, Inc. v. Ward, 814 F.2d 883, 886-87 (2d Cir.1987). Accordingly, we will address several other grounds for dismissal urged by Niagara that the district court found unnecessary to reach.

FAILURE TO STATE A CLAIM AND LACK OF SUBJECT MATTER JURISDICTION

Congress has provided a civil remedy for any person injured in his business or property “by reason of” a RICO violation. 18 U.S.C. § 1964(c). This provision, properly interpreted, means that a “plaintiff only has standing if ... he has been injured in his business or property by the conduct constituting the violation.” Sedima, S.P.R.L. v. Imrex Co., 473 U.S. 479, 496, 105 S.Ct. 3275, 3285, 87 L.Ed.2d 346 (1985). A defendant is not liable for treble damages to everyone he might have injured by conduct other than that prohibited by RICO. Haroco, Inc. v. American Nat’l Bank & Trust Co., 747 F.2d 384, 398 (7th Cir.1984), aff'd, 473 U.S. 606, 105 S.Ct. 3291, 87 L.Ed.2d 437 (1985); (also quoted with approval in Sedima, supra, 473 U.S. at 497, 105 S.Ct. at 3285). The phrase “by reason of” requires that there be a causal connection between the prohibited conduct and plaintiff’s injury. Bankers Trust Co. v. Rhoades, 741 F.2d 511, 516 (2d Cir.1984), vacated on other grounds, 473 U.S. 922, 105 S.Ct. 3550, 87 L.Ed.2d 673 (1985). See also Cullom v. Hibernia Nat’l Bank, 859 F.2d 1211, 1214 (5th Cir.1988); Pujol v. Shearson/American Express, Inc., 829 F.2d 1201, 1205 (1st Cir.1987); Nodine v. Textron, Inc., 819 F.2d 347, 348-49 (1st Cir.1987); Morast v. Lance, 807 F.2d 926, 932-33 (11th Cir.1987); Burdick v. American Express Co., 677 F.Supp. 228, 229 (S.D.N.Y.1988), aff' d, 865 F.2d 527 (2d Cir.1989). Such causal connection is completely lacking in the instant case.

[*637] Appellants’ theory of liability is strikingly similar to that advanced by the plaintiff in Cullom v. Hibernia Nat’l Bank, supra, 859 F.2d at 1213:

Cullom filed suit against Hibernia and SNB in April of 1987, alleging that Hibernia and SNB engaged in or conspired to engage in several counts of mail and securities fraud. Cullom further alleged that he was constructively discharged because he refused to participate in illegal activity, that he suffered damages due to his constructive discharge, and that because of his constructive discharge and his damages, he had standing to sue under RICO and should be afforded treble damages.

Because both Judge King who wrote for the Fifth Circuit and District Judge Feldman who wrote the opinion that was affirmed, 666 F.Supp. 88 (E.D.La.l987), explained cogently and in detail why persons such as appellants herein have no standing under RICO, we see no reason to repeat what they already have said. Suffice it to say, we agree.

EXCLUSIVENESS OF REMEDY

Section 210 of the Energy Reorganization Act provides a remedy for an employee who has been discriminated against or discharged for making safety complaints. Section 210 also creates a procedural framework for vindication of this right. An aggrieved employee may file a complaint with the Secretary of Labor within thirty days after a violation. The Secretary must investigate the claim and either deny it or take remedial action within ninety days. Parties may seek review of the Secretary’s decision in the United States Court of Appeals. The Secretary may seek civil enforcement of its order against an employer in federal court.

As interpreted by the Fifth and Tenth Circuits, the administrative remedy provided in section 210 is exclusive. Willy v. Coastal Corp., 855 F.2d 1160, 1169 (5th Cir.1988) (“[T]he 'whistleblower’ provisions expressly limit the remedy to an administrative claim with the Secretary”); Kansas Gas and Electric Co. v. Brock, 780 F.2d 1505, 1508 (10th Cir.1985), cert. denied, 478 U.S. 1011, 106 S.Ct. 3311, 92 L.Ed.2d 724 (1986) (“[S]ection 5851 of the ERA states that exclusive jurisdiction in employment discrimination matters is vested by Congress in the Secretary of Labor”). See also Norris v. Lumbermen’s Mutual Casualty Co., 687 F.Supp. 699, 703 (D.Mass.1988) (“[T]he statute provides an exclusive federal remedy for employee protection in this field.”). Like Judges Munson and Cholakis, we agree with this interpretation.

The Court in Kansas Gas, supra, pointed out that, pursuant to a memorandum of agreement between the Department of Labor and the N/R Commission, the Department of Labor agrees to notify the N/R Commission of any section 210 complaint filed with it and of any hearings to be conducted, and the N/R Commission agrees to provide the Department of Labor with whatever technical assistance it requires. 780 F.2d at 1509-10 (citing 47 Fed. Reg. 54585 (1982)). In a field as specialized and technical as that of nuclear energy, the importance of this interplay between the two agencies cannot be overemphasized. See Wisconsin Department of Industry, Labor and Human Relations v. Gould, Inc., 475 U.S. 282, 286, 106 S.Ct. 1057, 1061, 89 L.Ed.2d 223 (1986); Amalgamated Ass’n of Street, Electric Ry & Motor Coach Employees v. Lockridge, 403 U.S. 274, 287-88, 91 S.Ct. 1909, 1918-19, 29 L.Ed.2d 473 (1971); San Diego Building Trades Council v. Garmon, 359 U.S. 236, 242-43, 79 S.Ct. 773, 778-79, 3 L.Ed.2d 775 (1959).

We are not dealing here with a collateral matter that is only peripherally related to the safety concerns implicit in section 210. See Farmer v. United Brotherhood of Carpenters & Joiners, 430 U.S. 290, 296-97, 97 S.Ct. 1056, 1061-62, 51 L.Ed.2d 338 (1977); Connell Construction Co. v. Plumbers & Steamfitters Local Union No. 100, 421 U.S. 616, 626, 95 S.Ct. 1830, 1837, 44 L.Ed.2d 418 (1975). Artful invocation of controversial civil RICO, particularly when inadequately pleaded, cannot conceal the reality that the gravamen of the complaint herein is section 210 harassment. See Buscemi v. McDonnell Douglas Corp.,[*638] 736 F.2d 1348, 1351-52 (9th Cir.1984). We agree with the district court that appellants’ 96-paragraph complaint, distilled to its essence, alleges no more than that appellants were discriminated against for having made complaints about safety at a nuclear plant-a section 210 claim.

RES JUDICATA

Citing In re Teltronics Services, Inc., 762 F.2d 185 (2d Cir.1985), the district court held that Chief Judge Munson’s dismissal of Norman’s 1985 complaint was res judicata in the instant case. Recognizing that no RICO claim was alleged in the earlier action, the district court quoted the holding in Teltronics (762 F.2d at 193) that “[n]ew legal theories do not amount to a new cause of action so as to defeat the application of the principle of res judicata.” Although some of the acts of which Norman complains may have occurred in the one year interval between Judge Munson's dismissal of the 1985 action and the bringing of the instant suit in 1986, it is readily apparent that they were all part of the same cause of action and arose from a “single core of operative facts.” Car Carriers, Inc. v. Ford Motor Co., 789 F.2d 589, 596 (7th Cir.1986). Judge Munson held that Norman’s complaint had to be dismissed because section 210 provided the sole remedy for the harassment of which Norman complained. Because the factual and legal issues before Judge Cholakis did not differ materially from those presented to Judge Munson, Judge Cholakis’s finding of res judicata was correct. See Montana v. United States, 440 U.S. 147, 162, 99 S.Ct. 970, 978, 59 L.Ed.2d 210 (1979); Semler v. Psychiatric Institute, 575 F.2d 922, 927-31 (D.C.Cir.1978).

Although Judge Cholakis did not rule on Niagara’s contention that the Administrative Law Judge’s finding of no harassment or retaliation against Bassett was res judicata on this issue, we conclude that it was. The matter properly was before the AU, and the parties had ample opportunity to be heard. See United States v. Utah Constr. & Mining Co., 384 U.S. 394, 421-22, 86 S.Ct. 1545, 1559-60, 16 L.Ed.2d 642 (1966); Spancrete Northeast, Inc. v. International Ass’n of Bridge, Structural and Ornamental Ironworkers, 514 F.Supp. 326, 331 (N.D.N.Y.), aff'd, 679 F.2d 874 (2d Cir.1981). Because four years have elapsed since the AU’s decision, with no stay having been sought, we give little weight to the fact that there has been no judicial review of that decision. See Barnes v. Oody, 514 F.Supp. 23, 25 (E.D.Tenn.1981); see also ERA section 210(c)(2), 42 U.S.C. § 5851(c)(2).

For. all of the foregoing reasons, the judgment of the district court is affirmed with costs to the appellee.

ADDENDUM

Notice of appeal to this Court was filed on June 9, 1988. After several extensions of time were granted, appellants’ brief was filed on October 3,1988. Appellants’ counsel concedes that he had decided prior to that time to move for disqualification of defense counsel. However, in appellant counsel's own words, “when it became apparent that we could not file both the substantive brief and a motion to disqualify by October 3, 1988, we felt compelled to concentrate our efforts on our opening brief and only then to switch focus to disqualification.” (emphasis supplied)

Niagara’s brief was filed on November 2, 1988, and the case was set for argument on November 30, 1988. On November 9, appellants filed a motion for disqualification or remand. We heard argument of the appeal and the motion on the same day and allowed additional time for briefing.

Examination of the record and the motion papers together with information elicited at oral argument reveal that the litigation between Niagara and its disgruntled auditors has been rancorous, with charges and countercharges being made from the outset. Indeed, when Judge Munson granted Niagara’s motion to dismiss the 1985 action, he also denied the plaintiffs’ motion to disqualify Niagara’s attorneys. Taking inspiration from a well known phrase, Judge Munson described the plaintiffs’ charges as a “hurricane in a coffee[*639] pot.” So far as we can determine, that description remains apt. In view of the additional considerations that what is involved in this appeal are simply questions of law that have been thoroughly, indeed over-thoroughly briefed by appellants’ present counsel, [1] and the delay of counsel in moving for disqualification, the motion is denied with separate motion costs to appel-lee.

1

. Fed.R.App.P. 28(g) provides that the 25-page limit on reply briefs does not include "any addendum containing statutes, rules, regulations, etc.” A 24-page brief filed by appellants’ counsel in another action does not constitute such an addendum.