CLINTON v. SEC. BEN. LIFE INS. CO.

No. 21-3035.

63 F.4th 1264 (2023)

Ella CLINTON; William Carrick; Terri L. Stauffer-Schmidt; Jean P. Wright; Michael A. Webber; Donald P. Cox; Howard Rosen; Wai Hee Yuen; Martha Miller Cox, Plaintiffs-Appellants, v. SECURITY BENEFIT LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED March 28, 2023.


Attorney(s) appearing for the Case

Andrew S. Friedman of Bonnett Fairbourn Friedman & Balint PC ( Francis J. Balint, Jr. of Bonnett Fairbourn Friedman & Balint PC, Phoenix, Arizona; Adam M. Moskowitz and Howard H. Bushman of The Moskowitz Law Firm, PLLC, Coral Gables, Florida; and Eric D. Barton of Wagstaff & Cartmell, LLP, Kansas City, Missouri, with him on the briefs), for Plaintiffs-Appellants.

Robert D. Phillips, Jr. of Alston & Bird LLP ( Samuel J. Park and Gillian H. Clow of Alston & Bird LLP, Los Angeles, California; Michael A. Valerio of Alston & Bird LLP, Washington, District of Columbia; and James D. Oliver , Anthony F. Rupp , and Holly Dyer of Foulston Siefkin LLP, Overland Park, Kansas, with him on the brief), for Defendant-Appellee.

Before HARTZ, BACHARACH, and ROSSMAN, Circuit Judges.


Plaintiffs are consumers who sued Defendant Security Benefit Life Insurance Company under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962, and state law, alleging Security Benefit developed a fraudulent scheme to design and market certain annuity products. This appeal requires us to...

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