BANKCARD AMERICA, INC., Plaintiff-Appellee/ Cross-Appellant, v. UNIVERSAL BANCARD SYSTEMS, INC., Defendant-Appellant/ Cross-Appellee, and SAMUEL BUCHBINDER and PAUL ALPERSTEIN, Counter-Defendants/Appellees., 203 F.3d 477

Summary

After a retrial, defendant appellant sought review of the judgment that plaintiff appellee had not breached its contract or violated the Racketeering Influenced and Corrupt Organizations Act (RICO). A new trial should not have been ordered on breach of contract. Although giving the jury exhibits that had not been admitted into evidence was error, they were cumulative, or had not been preserved for appeal. Admitting evidence of settlement talks was not erroneous when defendant appellant needed to refute plaintiff appellee's charges by explaining that it had acted pursuant to the expected settlement terms. The judgment from the first trial was reinstated, however, a new trial on the issue of RICO violations was proper. Over plaintiff-appellee's objection, the original jury instructions listed many alleged predicate acts that lacked evidentiary support or did not charge indictable actions, and lacked an explanation of the requisite fraudulent intent. These were serious errors warranting a...