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RICO

By Gregory B. Robertson and Kurt G. Larkin

On Oct. 27, 2008, Judge Robert E. Payne approved and filed under seal a settlement agreement that marked the end of Smithfield Foods' precedent-setting civil racketeering suit against the United Food and Commercial Workers' Union (UFCW) and several related defendants. The case, which was pending in the Eastern District of Virginia's “rocket docket,” would have been the first civil racketeering action of its kind to proceed to a jury trial. Despite settling literally on the eve of trial, the case spawned critically important legal precedent that blazes a new trail for employers who are in search of litigation options for responding to non-traditional union organizing methods.

The Nature of Union Corporate Campaigns

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