DUGGER, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS

v.

AGAN

Citator

Cited By

• Ashland OIL, Inc. v. Toy Rex Arnett, Jr., 875 F.2d 1271 (7th Cir. 1989)
  …rtherance of a single episode of fraud involving one victim and relating to one basic transaction cannot constitute the necessary pattern.” Tellis v. U.S. Fidelity & Guar. Co., 826 F. 2d 477, 478 (7th Cir.1986) vacated and remanded on other grounds, 483 U.S. 1015, 107 S.Ct. 3255, 97 L.Ed.2d 755 (1987).) Despite a degree of amorphism, the multi-factor test in Morgan has found approval in recent commentary. See Ethan M. Pos-ner, Note, Clarifying a “Pattern” of Confusion: A Multi-Factor Approach to Civil RICO’s…

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• Rode v. Dellarciprete, 892 F.2d 1177 (3d Cir. 1990)
  …This adjustment should be taken independently of the other adjustments and should be the first adjustment applied to the lodestar. Black Grievance Committee v. Philadelphia Electric Co., 802 F. 2d 648 (3d Cir.1986), vacated on [*1184] other grounds, 483 U.S. 1015, 107 S.Ct. 3255, 97 L.Ed.2d 754 (1987). To date, the Supreme Court has restricted the court’s discretion to adjust the lodestar upward. First, the district court can make “an appropriate adjustment for delay in payment—whether by application of cur…
• Frank and Seba Genty and Jamie and Frank Genty, Jr. v. Resolution Tr. Corp., 937 F.2d 899 (3d Cir. 1991)
  …. The United States Court of Appeals for the Seventh Circuit similarly held that a civil RICO claim for treble damages is best characterized as “penal in nature.” Tellis v. U.S. Fidelity & Guar. Co., 805 F. 2d 741, 746 (7th Cir.1986) vacated in part 483 U.S. 1015, 107 S.Ct. 3255, 97 L.Ed.2d 755 (1987). If the instant case is an example of RICO suits against a municipal corporation, it is evident that an award of treble damages would be punitive rather than liquidated damages to assure full compensation. The…