In this episode of the RICO Report, Troutman Pepper Locke attorney Cal Stein breaks down one of the most fundamental yet unresolved issues in civil RICO litigation: the statute of limitations. Cal walks through the Supreme Court's three landmark decisions — Agency Holding Corp. v. Malley-Duff, Klehr v. A.O. Smith Corp., and Rotella v. Wood — explaining how the Court established a four-year limitations period borrowed from the Clayton Act, but has repeatedly declined to define when that clock starts running. Cal examines the competing accrual rules adopted across the circuit courts, including the injury discovery rule, the injury and pattern discovery rule, the last predicate act rule, and the injury occurrence rule, and explores the separate accrual doctrine for new injuries. He also covers the critical role of equitable tolling and fraudulent concealment, including the pleading requirements under Rule 9(b) that both plaintiffs and defense counsel need to keep top of mind.

Key topics include:

2:08 - Civil RICO’s four-year statute of limitations.
5:16 - Circuit splits on when the four-year limitations period begins.
9:36 - The injury discovery rule.
13:55 - Separate accruals for new injuries.
16:10 - Equitable tolling.

Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.