4th Circuit Reinstates RICO and Common Law Fraud Claims Against Asbestos Plaintiff Firm

RICHMOND, Va. -- The U.S. Court of Appeals for the 4th Circuit has reversed a district court decision that dismissed RICO claims against an asbestos law firm, ruling that the asbestos defendant did not know that the asbestos claims asserted against it were fraudulent when they were filed. CSX Transportation v. Gilkison, et al., No. 09-2135 (4th Cir.).

In the Dec. 30 opinion, the 4th Circuit opined that "the fact that an underlying asbestos suit was filed or settled, without more, does not establish as a matter of law that the separate gravamen of a RICO fraud should have been …