Massachusetts Lawyers Weekly Quotes Atty. Eric D. Correira

Massachusetts Lawyers Weekly recently quoted Atty. Eric D. Correira regarding a case where the First U.S. Circuit Court of Appeals found that an estate beneficiary could not bring civil RICO claims against the estate’s personal representative for a scheme involving her deceased uncle’s business interests because the alleged pattern of fraud, in which the plaintiff was not a victim, included securities fraud. The Court deemed securities fraud to be excluded from the RICO statute.

However, while the Court held that the plaintiff’s RICO claims would be dismissed, it acknowledged that the plaintiff’s other allegations of fraud and breach of fiduciary duty could be brought at the state court level. From the article: “Eric D. Correira of Swansea suggested that in refiling her state law claims, [the plaintiff] consider doing so in Probate & Family Court instead of Superior Court. ‘Her factual allegations fall within the scope of the Probate & Family Court’s equity jurisdiction, and that court has the added benefit of being able to award attorneys’ fees pursuant to [G.L.c. 215 §45], something that is not available in Superior Court,’” he said.

For the full article, click here.