Delaware Landscapers Must Face Civil RICO Suit in Pennsylvania

Two Delaware landscapers accused of conspiring to keep plaintiffs out of the landscaping and snow removal business in Pennsylvania must face a civil RICO suit in a federal district court in that state, the Third Circuit said.

At issue were two subsections of the Racketeer Influenced and Corrupt Organizations Act’s nationwide service of process provision, 18 U.S.C. §§1965(b) and (d).

The Pennsylvania district court ruled that it didn’t have jurisdiction over Timothy McKenna and Michael McKenna under subsection (d), which provides for service in the judicial district in which defendants may be found, which was Delaware.

Although the district ...