Chaset

Chaset v. Fleer/Skybox International, LP

Bad Law
300 F.3d 1083
United States Court of Appeals for the Ninth CircuitAugust 20, 2002Nos. 00-56251, 00-56256, 00-56263, 00-56253, 00-56260, 00-56266, 00-56255, 00-56261California1,160 words

Opinion

Lead Opinion

Leavy, J.

In these eight consolidated cases, purchasers of trading cards (appeal the district court’s dismissals of their actions brought under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968 (“RICO”)). The district court held that the purchasers did not have standing because they were not injured in their business or property as required by RICO’s § 1964(c). We have jurisdiction over this timely appeal under 28 U.S.C. § 1291 and, after de novo review, we affirm.

FACTS AND PRIOR PROCEEDINGS

These are consolidated appeals from the dismissals of eight virtually identical actions brought by sports and entertainment trading card purchasers. The defendants-appellees are manufacturers and distributors of trading cards and licensors of the *1086 intellectual property depicted on these cards. In each of these actions, the purchasers alleged that the random inclusion of limited edition cards in packages of otherwise randomly assorted sports and entertainment trading cards constituted unlawful gambling in violation of RICO.

The foundation of most trading card products is a base set of cards, which may include as many as eighty different cards, each with a…

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