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HUMPHREY v. GLAXOSMITHKLINE PLC

No. 17-3285.

905 F.3d 694 (2018)

Peter HUMPHREY; Yu Yingzeng; ChinaWhys Company Ltd., Appellants v. GLAXOSMITHKLINE PLC; GlaxoSmithKline LLC.

United States Court of Appeals, Third Circuit.

Opinion filed: September 26, 2018.

Attorney(s) appearing for the Case

Philip M. Bowman, Esq. , John T. Zach, Esq. (Argued), Boies Schiller & Flexner, 575 Lexington Avenue, 7th Floor, New York, NY 10022, Joan D. Gallagher, Esq. , Gallagher & Turchi, 1760 Market Street, Suite 1100, Philadelphia, PA 19103, James Hickey, Esq. , Gallagher Law, 1600 Market Street, Suite 1320, Philadelphia, PA 19103, Counsel for Appellants.

Kurt W. Hansson, Esq. (Argued), James B. Worthington, Esq. , Paul Hastings, 200 Park Avenue, New York, NY 10166, Nathan P. Heller, Esq. , Jayne A. Risk, Esq. , DLA Piper, 1650 Market Street, One Liberty Place, 49th Floor, Philadelphia, PA 19103, Stephen B. Kinnaird, Esq. , Paul Hastings, 875 15th Street, N.W., Suite 1000, Washington, DC 20005, Counsel for Appellees.

Before: McKEE, SHWARTZ and NYGAARD, Circuit Judges.

OPINION

Section 1964(c) of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-1968, creates a private right of action for a plaintiff that "is injured in his [or her] business or property" as a result of conduct that is proscribed by the statute. In RJR Nabisco, Inc. v...

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