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Tafflin v. Levitt
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Tafflin v. Levitt : ウィキペディア英語版
Tafflin v. Levitt

''Tafflin v. Levitt'', , was a United States Supreme Court case in which the Court held that state courts have concurrent jurisdiction to decide civil claims brought under the Racketeer Influenced and Corrupt Organizations Act (RICO).
==Background==
RICO is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. Following its enactment in 1970, there had been a disagreement in federal and state court decisions as to whether state courts had jurisdiction to decide claims filed under this federal statute.
In 1962 Maryland established a quasi-public non-profit corporation, the Maryland Savings-Share Insurance Corporation (MSSIC), to insure accounts held in state chartered savings and loan associations. In May 1985, rumors of financial instability in two thrifts, Old Court Savings and Loans and Merritt Commercial Savings and Loan, led to depositors questioning whether MSSIC was financially able to guarantee all of the deposits, resulting in a run on all state savings and loan associations. This led to the withdrawal of deposits, the failure of Old Court and the subsequent collapse of MSSIC. The Maryland General Assembly during special sessions in 1985 established the Maryland Deposit Insurance Fund (MDIF) to replace the MSSIC.〔
Nonresident holders of certificates of deposit issued by Old Court in federal district court sued Jeffrey Levitt, the former president of Old Court, the other officers and directors of Old Court and of the MSSIC, Old Court's law and accounting firms, and MDIF, asserting various state law causes of action and claims under the Securities Exchange Act of 1934 and RICO. The district court determined that the plaintiffs failed to state a claim under the Securities Exchange Act, and, since the state courts had concurrent jurisdiction over the RICO claim, ruled that federal abstention over the case was appropriate for the remaining state and RICO claims. On appeal, the Court of Appeals for the Fourth Circuit affirmed and also held that certificates of deposit were not "securities" under the Securities Exchange Act.
The Supreme Court granted certiorari limited to the legal question of whether state courts have concurrent jurisdiction over RICO claims.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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