DEFENSE · 18usc1962:x-release-prior-class-settlement
General affirmative defense litigated in civil RICO class actions.
Exact element source
It shall be unlawful for any personSource:
docroot/ir/usc/title18.jsonl#title18_sec1962; Unicode character offsets [33:68] (end exclusive); SHA-256 6caae47f43b5ab0899b660616e298363bd36f9f540d915c2be11eb7126f5e27d.Routes and case patterns
| Route | Definition | Merits instance blocks | Distinct merits cases | Examples (up to 3 cases per count group) |
|---|---|---|---|---|
| _whole accepted; provisional (1 case) | The element is decided as a whole: the reasoning turns on no narrower doctrinal sub-question that distinguishes it from any other application of this element. | 0 Satisfied 0; not satisfied 0; excluded context 1 | 0 | Used only in non-merits blocks (1). Excluded context examples:Negrete v. Allianz Life Insurance Co. of North America — 926 F. Supp. 2d 1143 (2013) · United States District Court for the Central District of California · 2013 — satisfied · law (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed) · applied/procedural · not counted |
How courts decided this element
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| Negrete v. Allianz Life Insurance Co. of North America — 926 F. Supp. 2d 1143 (2013) · United States District Court for the Central District of California · 2013 — satisfied · law (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed) | Claim preclusion / release by prior class-action settlement | satisfied Excluded from merits counts applied / procedural basis: law; claim: (c),(d); party: named plaintiff Ow and all class members within the Iorio class settlement; count: Ow's MasterDex 10 purchase and the other transactions released in Iorio; subject: party=named plaintiff Ow and all class members within the Iorio class settlement; count=Ow's MasterDex 10 purchase and the other transactions released in Iorio | release/class-member-did-not-opt-out-separate-suit-predates-settlement | Notably, plaintiffs do not dispute that Ow did not explicitly opt-out of the lorio settlementSource: docroot/ir/caselaw/f_supp_2d_926.jsonl#/f-supp-2d/926/1143-01; Unicode character offsets [38680:38773] (end exclusive); SHA-256 21289dc912cdd3fe1c08a082d0c16baed1b869223da6aebc79966cadcfbee6ee.Here, plaintiff Ow indisputably filed this lawsuit long before the proposed settlement was reached in lorio; as such, his maintenance of this suit was insufficient to opt-out of the lorio settlement and judgment.Source: docroot/ir/caselaw/f_supp_2d_926.jsonl#/f-supp-2d/926/1143-01; Unicode character offsets [39972:40184] (end exclusive); SHA-256 21289dc912cdd3fe1c08a082d0c16baed1b869223da6aebc79966cadcfbee6ee.courts have repeatedly found that maintenance of a separate lawsuit, which was initiated prior to the plaintiff receiving notice of the proposed settlement, does not serve as an opt-out from the class settlement.Source: docroot/ir/caselaw/f_supp_2d_926.jsonl#/f-supp-2d/926/1143-01; Unicode character offsets [39641:39853] (end exclusive); SHA-256 21289dc912cdd3fe1c08a082d0c16baed1b869223da6aebc79966cadcfbee6ee.Accordingly, the Court finds that judgment shall be entered on the claims of all class members barred by the lorio agreement and judgment, including Ow’s claims with respect to his purchase of the MasterDex 10 annuity.Source: docroot/ir/caselaw/f_supp_2d_926.jsonl#/f-supp-2d/926/1143-01; Unicode character offsets [40960:41178] (end exclusive); SHA-256 21289dc912cdd3fe1c08a082d0c16baed1b869223da6aebc79966cadcfbee6ee. |
Court interpretations
interpretation
courts have repeatedly found that maintenance of a separate lawsuit, which was initiated prior to the plaintiff receiving notice of the proposed settlement, does not serve as an opt-out from the class settlement.
Negrete v. Allianz Life Insurance Co. of North America — 926 F. Supp. 2d 1143 (2013) · United States District Court for the Central District of California · 2013 (18usc1962: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed)
courts have repeatedly found that maintenance of a separate lawsuit, which was initiated prior to the plaintiff receiving notice of the proposed settlement, does not serve as an opt-out from the class settlement.Source:
docroot/ir/caselaw/f_supp_2d_926.jsonl#/f-supp-2d/926/1143-01; Unicode character offsets [39641:39853] (end exclusive); SHA-256 21289dc912cdd3fe1c08a082d0c16baed1b869223da6aebc79966cadcfbee6ee.General affirmative defense litigated in civil RICO class actions.