Mohawk Industries, Inc. v. Williams, et al.

1. Whether plaintiffs' alleged wage-suppression damages are a direct injury under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968 ("RICO"), and whether the Eleventh Circuit's holding can be reconciled with Anza v. Ideal Steel Supply Co., 126 S. Ct. 1991 (2006).

2. Whether a corporation and its agents can constitute an association-in-fact RICO enterprise and whether a company's hiring of its own employees may constitute participation in the conduct of an enterprise that is distinct from the company itself?

3. Whether employees who received the wages for which they contracted have suffered an injury to "business or property" within the meaning of 18 U.S.C. § 1964(c)?

NCLC filed twice at the Supreme Court in this case: once on the merits in the 2005-06 term and once supporting cert. in the 2006-07 term. This page reflects the filing in the 2006-07 term.

NCLC urged the Supreme Court to grant review to consider whether a corporation can form an “enterprise” under the Racketeering Influenced Corrupt Organizations Act (RICO) where the alleged combination exists solely of the corporation itself and its third party recruiters. In its brief, NCLC argued that the statute’s plain language does not bear such a result and that treble damages liability should not be available where the corporation is merely using third party agents to perform integral corporate functions.

The Supreme Court declined to review this case.

Amicus brief on the merits filed with Supreme Court 1/27/06. Oral argument held 4/26/06. Decided 6/5/06. Amicus brief supporting cert. filed with Supreme Court 1/22/07. Cert. denied 2/26/07.