Whether to Seek Dismissal of Civil RICO Claims Under Rule 12(b)(1)

September 8, 2026  |  New York Law Journal

Southern District Judge Katherine Polk Failla’s recent decision in Wanglap Yam v. Qi Xin illustrates the distinction between dismissing a civil RICO claim for lack of subject-matter jurisdiction under Rule 12(b)(1) and dismissing it for failure to state a claim under Rule 12(b)(6). In their latest New York Law Journal article, Morvillo Abramowitz Grand Iason & Anello P.C. partners Ed Spiro and Chris Harwood explain why Judge Failla found that the plaintiff had adequately invoked the Court’s subject-matter jurisdiction despite failing to sufficiently plead an association-in-fact enterprise and a pattern of racketeering activity. Wanglap Yam highlights the potential consequences of this distinction, including its impact on whether a federal court may exercise supplemental jurisdiction over related state-law claims.

Whether to Seek Dismissal of Civil RICO Claims Under Rule 12(b)(1)