Steven Menzies v. Seyfarth Shaw LLP, et al.

Whether the United States Court of Appeals for the Seventh Circuit failed to apply this Court’s mandated flexible approach to RICO’s pattern of racketeering activity, by rigidly focusing solely on the particularity of the factual allegations regarding other victims of a fraudulent scheme.

Whether the pleading requirements of Federal Rule of Civil Procedure 9(b) require that the specific contents of allegedly privileged communications in a fraudulent scheme be pleaded with particularity to establish a RICO claim where the underlying predicate offenses are mail or wire fraud which do not require proof that the other defendants were actually deceived.

Whether a scheme’s threat of continuity is evaluated at the time the racketeering activity occurred, or can subsequent, fortuitous events be considered to defeat the threat of continuity.