Samuel Lipari v. General Electric Company, et al

Filing 920091204

Opinion

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________ No. 08-3115 ___________ Samuel K. Lipari, as Assignee of * Dissolved Medical Supply Chain, Inc., * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Missouri. General Electric Company; General * Electric Capital Business Asset * [UNPUBLISHED] Funding Corporation; GE * Transportation Systems Globaling * Signaling, LLC; Stewart Foster; * Jeffrey R. Immelt; Seyfarth Shaw, * LLP; Heartland Financial Group, * Inc.; Christopher M. McDaniel; * Bradley J. Schlozman, * * Appellees. * ___________ Submitted: November 27, 2009 Filed: December 4, 2009 ___________ Before WOLLMAN, RILEY, and SMITH, Circuit Judges. ___________ PER CURIAM.

Samuel Lipari appeals the district court's1 orders granting defendants' motions to dismiss his civil Racketeer Influenced and Corrupt Organizations Act (RICO) claims, denying his motion to amend his complaint, and denying his post-judgment request for the district court judge's recusal. Following careful review, we find no basis for reversal. See Charles Brooks Co. v. Georgia-Pacific, LLC, 552 F.3d 718, 721-23 (8th Cir. 2009) (recognizing de novo review of a dismissal and affirming the dismissal of one plaintiff's individual claims because he failed to allege an injury to confer standing); Regions Bank v. J.R. Oil Co., 387 F.3d 721, 728-29 (8th Cir. 2004) (explaining, to have standing to bring a civil RICO claim, plaintiff must have suffered an injury "by reason of" a RICO violation and the showing of an injury requires proof of a concrete financial loss, and not mere injury to a valuable intangible property interest); see also United States ex rel. Joshi v. St. Luke's Hosp., 441 F.3d 552, 555 (8th Cir. 2006) (stating abuse of discretion review for denial of a motion to amend a complaint, but de novo review of the underlying legal conclusion that a proposed amendment to the complaint would have been futile); Hooker v. Story, 159 F.3d 1139, 1140 (8th Cir. 1998) (per curiam) (declaring the abuse of discretion standard of review for recusal motions). We affirm. See 8th Cir. R. 47B. ______________________________

The Honorable Fernando J. Gaitan, Jr., Chief Judge, United States District Court for the Western District of Missouri. -2-

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