Uniondale, NY – March 4, 2026 – Ruskin Moscou Faltischek, P.C. secured a decisive victory in the United States District Court for the Eastern District of New York, which dismissed with prejudice the civil RICO action captioned Roosevelt Road Re, Ltd. v. William Schwitzer & Associates, P.C., et al. RMF’s team of attorneys included Norman R. Cerullo, Partner; Rachel A. Morgenstern, Of Counsel; and Matthew Finegan, Associate.
This ruling represents not only a significant win for RMF’s clients, but also an important victory for New York’s injured workers and the medical providers who treat them. The decision reinforces longstanding legal principles that prevent the misuse of civil RICO statutes to target legitimate personal injury litigation and related medical care.
The lawsuit was brought by Roosevelt Road Re, Ltd., a reinsurer, along with its co-plaintiff and claims administrator, Tradesman Program Managers, LLC. Plaintiffs asserted claims under the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”), alleging that various law firms and medical providers engaged in a coordinated scheme to fabricate and profit from workplace and personal injury lawsuits.
This action was one of several similar lawsuits filed by the Texas-based law firm, the Willis Law Group, in which plaintiffs alleged widespread conspiracies among personal injury attorneys and medical professionals that purportedly resulted in inflated insurance costs.
In an earlier related case, Roosevelt Road Re, Ltd. et al. v. Subin et al. (“Subin”), another judge in the Eastern District ruled that Roosevelt, as a reinsurer rather than a primary insurer, lacked standing to pursue RICO claims because its alleged injuries were too indirect and “too far removed” from the purported fraud.
To avoid the same fate in the Schwitzer case, which was still ongoing when Subin was dismissed, Roosevelt amended its Complaint to argue that it was actually a primary insurer. As a primary insurer, Roosevelt argued, its purported injuries were direct enough to sustain a RICO claim.
Ruskin Moscou Faltischek, P.C., alongside eight other leading defense firms, successfully argued that Roosevelt had no right to argue this novel theory. In fact, Roosevelt had no right to bring the suit at all, since it was barred from doing so by collateral estoppel – a legal doctrine that prevents parties from re-litigating specific issues of fact or law that were already determined (in this case, whether Roosevelt had RICO standing).
The decision underscores the substantial legal hurdles plaintiffs face in attempting to apply civil RICO statutes to litigation-related activities, an area governed by well-established legal principles that limit such claims. By rejecting these claims, the Court reaffirmed protections for legitimate legal advocacy and medical treatment provided to injured workers throughout New York.
Ruskin Moscou Faltischek, P.C. continues to defend clients against complex commercial and litigation-based claims in federal and state courts throughout New York and beyond.
For over 50 years, Ruskin Moscou Faltischek P.C., headquartered in Uniondale, has built a reputation as one of the region’s leading providers of innovative legal services. Its attorneys are practical, experienced advocates who measure their success by their clients’ success. Cornerstone groups in all major practice areas of the law are represented at the firm, including corporate and securities, corporate restructuring & bankruptcy, commercial lending, commercial litigation, intellectual property, health care, real estate, employment, not-for-profit, cybersecurity and data privacy, energy, and trusts and estates. Clients include large and mid-sized corporations, privately held businesses, institutions and individuals.
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