Vavro v. A.K. Steel Co.

2 Citing cases

  1. Brooks v. Harper

    Civil Action 2:21-cv-01228 (W.D. Pa. Mar. 2, 2023)   Cited 2 times

    ECF No. 30 at 25 (quoting Lightning Lube, Inc. v. Witco Corp., 4 F.3d 1153, 1191 (3d Cir.1993)). See also Vavro v. Albers, No. 2:05CV321, 2006 WL 2547350, at *28 (W.D. Pa. Aug. 31, 2006) aff'd sub nom. Vavro v. A.K. Steel Co., 254 Fed.Appx. 134 (3d Cir. 2007).

  2. Knit with v. Knitting Fever, Inc.

    CIVIL ACTION NO. 08-4221 (E.D. Pa. Jul. 19, 2012)   Cited 4 times
    Finding that plaintiff's damages - incurred attorneys' fees, costs relating to an investigation and recall of products, costs of replacement goods, harm to goodwill and reputation, and costs of and lost profits from the goods at issue - did not "constitute concrete financial loss to business or property or were not proximately caused by Defendants' predicate acts in furtherance of the scheme"

    Indeed the Supreme Court has declared that Congress's limitation of recovery to business or property injury 'retains restrictive significance. It would for example exclude personal injuries suffered.'" Genty v. Resolution Trust Corp., 937 F.2d 899, 918 (3d Cir. 1991) (quoting Reiter v. Sonotone Corp., 442 U.S. 330, 339 (1979)); see also Vavro v. Albers, No. Civ.A.05-321, 2006 WL 2547350, at *21 (W.D. Pa. Aug. 31, 2006) (noting that personal injuries, physical pain, mental distress, and financial injuries that derive therefrom, are not compensable under RICO), aff'd, 254 F. App'x 134 (3d Cir. 2007). Moreover, injury to "valuable intangible property" is normally not the type of property which is capable of incurring a concrete financial loss. Anderson v. Ayling, 396 F.3d 265, 271 (3d Cir. 2005) (quoting Steele v. Hosp. Corp. of Am., 36 F.3d 69, 70 (9th Cir. 1994)).