Tag Archives: Jury Instruction

District Court Erred Under Fed. R. Civ. P. 15(b) in Conforming Pleadings to Trial Evidence to Allow an Unpled Claim of Retaliation to Go to the Jury, First Circuit Holds

In DiFronzo v. City of Somerville, No. 25-1210 (1st Cir. Sept. 21, 2026), the First Circuit reverses in part a judgment in favor of the plaintiff in a First Amendment retaliation case, holding that one of the plaintiff’s theories at trial—that he was placed on forced leave after being reinstated—was neither pled nor consented toContinue reading “District Court Erred Under Fed. R. Civ. P. 15(b) in Conforming Pleadings to Trial Evidence to Allow an Unpled Claim of Retaliation to Go to the Jury, First Circuit Holds”

Must the Government Prove That an “Enterprise” Presently Exists as the Object of a RICO Conspiracy? A Split Sixth Circuit Panel Enters the Fray in Biker Gang Prosecution.

In United States v. Rich, No. 18-2268 (6th Cir. Sept. 13, 2021), the Sixth Circuit enters the circuit split about whether, in a Racketeer Influenced and Corrupt Organization Act (RICO) prosecution, the government is required “to prove the existence of the enterprise, or whether an agreement to create a racketeering enterprise suffices.” The majority holdsContinue reading “Must the Government Prove That an “Enterprise” Presently Exists as the Object of a RICO Conspiracy? A Split Sixth Circuit Panel Enters the Fray in Biker Gang Prosecution.”