tafflin
levitt
argued
november
decided
january
petitioners
nonresidents
maryland
holders
unpaid
certificates
deposit
issued
failed
maryland
savings
loan
association
filed
civil
action
federal
district
respondents
former
association
officers
directors
others
alleging
claims
inter
alia
racketeer
influenced
corrupt
organizations
act
rico
dismissed
action
concluding
among
things
federal
abstention
appropriate
civil
rico
claims
raised
pending
litigation
state
since
state
courts
concurrent
jurisdiction
claims
appeals
affirmed
held
state
courts
concurrent
jurisdiction
civil
rico
claims
presumption
favor
jurisdiction
rebutted
factors
identified
gulf
offshore
mobil
oil
pp
petitioners
concede
nothing
rico
explicit
language
suggest
congress
affirmative
enactment
divested
state
courts
civil
rico
jurisdiction
contrary
grant
federal
jurisdiction
civil
rico
claims
plainly
permissive
thus
operate
oust
state
courts
concurrent
jurisdiction
pp
rico
legislative
history
reveals
evidence
congress
even
considered
question
concurrent
jurisdiction
much
less
suggestion
congress
affirmatively
intended
confer
exclusive
jurisdiction
civil
rico
claims
federal
courts
petitioners
argument
congress
modeled
clayton
act
confers
exclusive
jurisdiction
federal
courts
intended
implication
grant
exclusive
federal
jurisdiction
claims
rejected
sedima
imrex
agency
holding
distinguished
since
cases
looked
clayton
act
interpreting
rico
without
benefit
background
juridical
presumption
type
presented
pp
clear
incompatibility
exists
state
jurisdiction
federal
interests
interest
uniform
interpretation
federal
criminal
laws
see
inconsistent
jurisdiction
merely
state
courts
required
construe
federal
crimes
constitute
rico
predicate
acts
section
claims
offenses
laws
result
imposition
criminal
sanctions
also
significant
danger
inconsistent
application
federal
criminal
law
since
federal
courts
bound
state
interpretations
predicate
acts
since
state
courts
guided
federal
interpretations
federal
criminal
law
since
state
judgments
misinterpreting
federal
criminal
law
subject
direct
review
moreover
state
courts
ability
handle
complexities
civil
rico
actions
many
cases
involve
asserted
violations
state
law
state
courts
presumably
greater
expertise
seem
anomalous
rule
incompetent
adjudicate
civil
rico
claims
claims
subject
adjudication
arbitration
see
express
mcmahon
although
fact
rico
procedural
mechanisms
applicable
federal
may
tend
suggest
congress
intended
exclusive
federal
jurisdiction
suffice
create
clear
incompatibility
federal
interests
extent
congress
intended
rico
serve
broad
remedial
purposes
concurrent
jurisdiction
advance
rather
jeopardize
federal
policies
underlying
statute
pp
delivered
opinion
unanimous
white
filed
concurring
opinion
post
scalia
filed
concurring
opinion
kennedy
joined
post
norman
goldberger
argued
cause
petitioners
briefs
brian
flaherty
gary
leshko
lawrence
weisman
andrew
marks
argued
cause
respondents
brief
joseph
curran
attorney
general
maryland
ralph
tyler
iii
assistant
attorney
general
clifton
elgarten
luther
zeigler
david
isbell
william
allen
charles
ruff
mark
lynch
justice
delivered
opinion
case
requires
us
decide
whether
state
courts
concurrent
jurisdiction
civil
actions
brought
racketeer
influenced
corrupt
organizations
act
rico
pub
title
ix
stat
amended
underlying
litigation
arises
failure
old
savings
loan
old
maryland
savings
loan
association
attendant
collapse
maryland
insurance
mssic
nonprofit
corporation
created
insure
accounts
maryland
savings
loan
associations
federally
insured
see
brandenburg
seidel
reviewing
history
maryland
savings
loan
crisis
petitioners
nonresidents
maryland
hold
unpaid
certificates
deposit
issued
old
respondents
former
officers
directors
old
former
officers
directors
mssic
law
firm
old
mssic
accounting
firm
old
state
maryland
deposit
insurance
fund
successor
mssic
petitioners
allege
various
state
law
causes
action
well
claims
securities
exchange
act
exchange
act
stat
et
rico
district
granted
respondents
motions
dismiss
concluding
petitioners
failed
state
claim
exchange
act
state
courts
concurrent
jurisdiction
civil
rico
claims
federal
abstention
appropriate
causes
action
raised
pending
litigation
state
appeals
fourth
circuit
affirmed
appeals
agreed
district
old
certificates
deposit
securities
within
meaning
exchange
act
see
petitioners
exchange
act
claims
therefore
properly
dismissed
appeals
held
reliance
prior
decision
brandenburg
seidel
supra
rico
action
instituted
state
maryland
comprehensive
scheme
rehabilitation
liquidation
insolvent
savings
loan
associations
provided
proper
basis
district
abstain
authority
burford
sun
oil
citations
omitted
resolve
conflict
among
federal
appellate
courts
state
courts
granted
certiorari
limited
question
whether
state
courts
concurrent
jurisdiction
civil
rico
claims
hold
accordingly
affirm
judgment
appeals
ii
begin
axiom
federal
system
possess
sovereignty
concurrent
federal
government
subject
limitations
imposed
supremacy
clause
system
dual
sovereignty
consistently
held
state
courts
inherent
authority
thus
presumptively
competent
adjudicate
claims
arising
laws
see
houston
moore
wheat
claflin
houseman
plaquemines
tropical
fruit
henderson
charles
dowd
box
courtney
gulf
offshore
mobil
oil
noted
claflin
exclusive
jurisdiction
neither
express
implied
state
courts
concurrent
jurisdiction
whenever
constitution
competent
take
see
also
dowd
box
supra
start
premise
nothing
concept
federal
system
prevents
state
courts
enforcing
rights
created
federal
law
concurrent
jurisdiction
common
phenomenon
judicial
history
exclusive
federal
jurisdiction
cases
arising
federal
law
exception
rather
rule
see
generally
kent
commentaries
american
law
federalist
hamilton
frankfurter
landis
business
friendly
federal
jurisdiction
general
view
deeply
rooted
presumption
favor
concurrent
state
jurisdiction
course
rebutted
congress
affirmatively
ousts
state
courts
jurisdiction
particular
federal
claim
see
claflin
supra
congress
may
see
fit
give
federal
courts
exclusive
jurisdiction
citations
omitted
see
also
houston
supra
stated
gulf
offshore
considering
propriety
jurisdiction
particular
federal
claim
begins
presumption
state
courts
enjoy
concurrent
jurisdiction
congress
however
may
confine
jurisdiction
federal
courts
either
explicitly
implicitly
thus
presumption
concurrent
jurisdiction
rebutted
explicit
statutory
directive
unmistakable
implication
legislative
history
clear
incompatibility
jurisdiction
federal
interests
citations
omitted
iii
precise
question
presented
therefore
whether
state
courts
divested
jurisdiction
hear
civil
rico
claims
explicit
statutory
directive
unmistakable
implication
legislative
history
clear
incompatibility
jurisdiction
federal
interests
gulf
offshore
supra
find
none
factors
present
respect
civil
claims
arising
rico
hold
state
courts
retain
presumptive
authority
adjudicate
claims
outset
petitioners
concede
nothing
language
rico
much
less
explicit
statutory
directive
suggest
congress
affirmative
enactment
divested
state
courts
jurisdiction
hear
civil
rico
claims
statutory
provision
authorizing
civil
rico
claims
provides
full
person
injured
business
property
reason
violation
section
chapter
may
sue
therefor
appropriate
district
shall
recover
threefold
damages
sustains
cost
suit
including
reasonable
attorney
fee
emphasis
added
petitioners
thus
rely
solely
second
third
factors
suggested
gulf
offshore
arguing
exclusive
federal
jurisdiction
civil
rico
actions
established
unmistakable
implication
legislative
history
clear
incompatibility
jurisdiction
federal
interests
review
legislative
history
however
reveals
evidence
congress
even
considered
question
concurrent
state
jurisdiction
rico
claims
much
less
suggestion
congress
affirmatively
intended
confer
exclusive
jurisdiction
claims
federal
courts
courts
appeals
considered
question
concluded
legislative
history
contains
indication
congress
ever
expressly
considered
question
concurrent
jurisdiction
indeed
principal
draftsman
rico
remarked
one
even
thought
issue
brandenburg
quoting
flaherty
two
lay
claim
rico
nat
may
see
also
lou
belzberg
legislative
history
provides
evidence
congress
ever
expressly
considered
question
jurisdiction
indeed
evidence
establishes
attention
focused
solely
whether
provide
private
right
action
citation
omitted
cert
denied
chivas
products
owen
smoking
gun
legislative
history
rico
sponsors
indicated
express
intention
commit
civil
rico
federal
courts
petitioners
nonetheless
insist
congress
considered
issue
granted
federal
courts
exclusive
jurisdiction
civil
rico
claims
argument
however
misplaced
even
reliably
discern
congress
intent
might
considered
question
liberty
speculate
fact
congress
even
consider
issue
readily
disposes
argument
congress
unmistakably
intended
divest
state
courts
concurrent
jurisdiction
sensing
void
legislative
history
petitioners
rely
alternative
decisions
sedima
imrex
agency
holding
noted
congress
modeled
clayton
act
see
sedima
supra
agency
holding
supra
petitioners
assert
interpreted
clayton
act
confer
exclusive
jurisdiction
federal
courts
see
general
investment
lake
shore
congress
may
presumed
aware
incorporated
interpretations
used
similar
language
rico
cf
cannon
university
chicago
congress
intended
implication
grant
exclusive
federal
jurisdiction
claims
arising
argument
also
flawed
rebut
presumption
concurrent
jurisdiction
question
whether
intent
may
divined
legislative
silence
issue
whether
congress
deliberations
may
said
affirmatively
unmistakably
intended
jurisdiction
exclusively
federal
instant
case
lack
indication
rico
legislative
history
congress
either
considered
assumed
importing
remedial
language
clayton
act
rico
jurisdictional
implications
dispositive
mere
borrowing
statutory
language
imply
congress
also
intended
incorporate
baggage
may
attached
borrowed
language
lou
supra
indeed
extent
impute
congress
knowledge
clayton
act
precedents
makes
less
sense
impute
congress
knowledge
claflin
dowd
box
congress
sought
confer
exclusive
jurisdiction
civil
rico
claims
every
incentive
expressly
sedima
agency
holding
contrary
although
observed
sedima
clearest
current
legislative
history
reliance
clayton
act
model
statement
made
context
noting
distinction
private
governmental
actions
clayton
act
ibid
intimated
nothing
whether
congress
reliance
clayton
act
implied
intention
establish
exclusive
federal
jurisdiction
civil
rico
claims
sedima
rejected
requirement
proving
racketeering
injury
nothing
borrow
antitrust
injury
requirement
antitrust
law
creat
exactly
problems
congress
sought
avoid
likewise
agency
holding
concerned
borrowing
light
legislative
silence
issue
appropriate
statute
limitations
period
analogous
statute
circumstances
found
appropriate
borrow
statute
limitations
clayton
act
case
contrast
issue
whether
jurisdiction
exclusive
concurrent
free
add
content
statute
via
analogies
statutes
unless
legislature
specifically
endorsed
action
gulf
offshore
legislative
silence
counsels
compels
us
enforce
presumption
concurrent
jurisdiction
short
sedima
agency
holding
looked
clayton
act
interpreting
rico
without
benefit
background
juridical
presumption
type
present
case
thus
whatever
extent
clayton
act
analogy
may
relevant
interpretation
rico
generally
place
inquiry
jurisdiction
state
courts
petitioners
finally
urge
state
jurisdiction
civil
rico
claims
clearly
incompatible
federal
interests
noted
gulf
offshore
factors
indicating
clear
incompatibility
include
desirability
uniform
interpretation
expertise
federal
judges
federal
law
assumed
greater
hospitality
federal
courts
peculiarly
federal
claims
citation
omitted
petitioners
primary
contention
concurrent
jurisdiction
clearly
incompatible
federal
interest
uniform
interpretation
federal
criminal
laws
see
state
courts
required
construe
federal
crimes
constitute
predicate
acts
defined
racketeering
activity
see
petitioners
predict
state
courts
permitted
interpret
federal
criminal
statutes
create
body
precedent
relating
statutes
federal
courts
consequently
lose
control
orderly
uniform
development
federal
criminal
law
perceive
clear
incompatibility
state
jurisdiction
civil
rico
actions
federal
interests
preliminary
matter
concurrent
jurisdiction
suits
clearly
incompatible
civil
rico
claims
offenses
laws
result
imposition
criminal
sanctions
uniform
otherwise
see
express
mcmahon
civil
rico
intended
primarily
remedial
rather
punitive
point
however
decision
today
creates
significant
danger
inconsistent
application
federal
criminal
law
although
petitioners
concern
need
uniformity
consistency
federal
criminal
law
well
taken
see
ableman
booth
cf
musser
utah
vague
criminal
statutes
may
violate
due
process
clause
federal
courts
pursuant
retain
full
authority
responsibility
interpretation
application
federal
criminal
law
bound
state
interpretations
federal
offenses
constituting
rico
predicate
acts
state
courts
adjudicating
civil
rico
claims
addition
guided
federal
interpretations
relevant
federal
criminal
statutes
federal
courts
sitting
diversity
guided
state
interpretations
state
law
see
commissioner
estate
bosch
state
judgments
misinterpreting
federal
criminal
law
course
also
subject
direct
review
thus
think
state
adjudication
civil
rico
actions
practice
negligible
effect
uniform
interpretation
application
federal
criminal
law
cf
petroleum
superior
delaware
newcastle
county
rejecting
claim
uniform
interpretation
natural
gas
act
jeopardized
concurrent
jurisdiction
event
result
inconsistency
multimembered
multitiered
federal
judicial
system
already
creates
cf
northwestern
bell
telephone
surveying
conflict
among
federal
appellate
courts
rico
pattern
racketeering
activity
requirement
moreover
contrary
petitioners
fears
full
faith
ability
state
courts
handle
complexities
civil
rico
actions
particularly
since
many
rico
cases
involve
asserted
violations
state
law
state
fraud
claims
state
courts
presumably
greater
expertise
see
listing
state
law
offenses
constituting
predicate
acts
gulf
offshore
supra
state
judges
greater
expertise
applying
laws
whose
governing
rules
borrowed
state
law
see
also
sedima
rico
become
tool
everyday
fraud
cases
bna
civil
rico
report
vol
apr
rico
cases
sedima
involved
common
law
fraud
another
involved
either
nonsecurities
fraud
theft
conversion
hold
otherwise
denigrate
respect
accorded
coequal
sovereigns
also
ignore
consistent
history
hospitable
acceptance
concurrent
jurisdiction
dowd
box
indeed
seem
anomalous
rule
state
courts
incompetent
adjudicate
civil
rico
suits
recently
found
inconsistency
subjecting
civil
rico
claims
adjudication
arbitration
see
express
supra
rejecting
argument
rico
claims
complex
subject
arbitration
irreconcilable
conflict
arbitration
rico
underlying
purposes
petitioners
note
evidence
incompatibility
rico
procedural
mechanisms
include
extended
venue
provisions
applicable
federal
see
think
sufficient
however
observe
previously
found
concurrent
state
jurisdiction
even
federal
law
provided
special
procedural
mechanisms
similar
found
rico
see
dowd
box
supra
finding
concurrent
jurisdiction
labor
management
relations
act
suits
despite
federal
enforcement
venue
provisions
maine
thiboutot
finding
concurrent
jurisdiction
suits
despite
federal
procedural
provisions
cf
hathorn
lovorn
finding
concurrent
jurisdiction
disputes
regarding
applicability
voting
rights
act
despite
provision
panel
although
congressional
specification
procedural
mechanisms
applicable
federal
may
tend
suggest
congress
intended
exclusive
federal
jurisdiction
suffice
create
clear
incompatibility
federal
interests
finally
note
far
disabling
frustrating
federal
interests
ermitting
state
courts
entertain
federal
causes
action
facilitates
enforcement
federal
rights
gulf
offshore
see
also
dowd
box
supra
conflicts
deriving
concurrent
jurisdiction
necessarily
unhealthy
thus
extent
congress
intended
rico
serve
broad
remedial
purposes
see
pub
stat
rico
must
liberally
construed
effectuate
remedial
purposes
sedima
supra
congress
mandate
applied
anywhere
rico
remedial
purposes
evident
concurrent
state
jurisdiction
civil
rico
claims
advance
rather
jeopardize
federal
policies
underlying
statute
reasons
hold
state
courts
concurrent
jurisdiction
consider
civil
claims
arising
rico
nothing
language
structure
legislative
history
underlying
policies
rico
suggests
congress
intended
otherwise
judgment
appeals
accordingly
affirmed
footnotes
title
provides
full
district
courts
shall
original
jurisdiction
exclusive
courts
offenses
laws
nothing
title
shall
held
take
away
impair
jurisdiction
courts
several
laws
thereof
agree
state
courts
concurrent
jurisdiction
civil
rico
actions
join
opinion
judgment
add
words
rarely
considered
contentions
civil
actions
based
federal
criminal
statutes
must
heard
federal
courts
observes
ante
uniform
construction
federal
criminal
statutes
insignificant
matter
particularly
congress
recognized
potential
dangers
nonuniform
construction
confined
jurisdiction
federal
criminal
cases
federal
courts
therefore
reason
caution
concluding
state
courts
jurisdiction
civil
claims
related
federal
criminal
statutes
assessing
case
danger
federal
interests
presented
potential
inconsistent
constructions
federal
criminal
statutes
rico
unusual
federal
criminal
statute
borrows
heavily
state
law
racketeering
activity
defined
terms
numerous
offenses
chargeable
state
law
well
various
federal
offenses
extent
danger
rico
construction
criminal
statutes
quite
likely
damage
result
federal
misunderstanding
content
state
law
problem
sure
one
solved
exclusive
federal
jurisdiction
many
federal
offenses
named
racketeering
activity
rico
close
though
perhaps
exact
analogues
cf
durland
construed
federal
mail
fraud
statute
unlikely
state
courts
incompetent
construe
federal
statutes
incorrect
construction
statutes
present
significant
threat
federal
interests
posed
improper
interpretation
federal
antitrust
laws
disastrous
effect
interstate
commerce
particular
concern
federal
government
racketeering
activity
defined
rico
includes
federal
offenses
without
analogues
given
history
written
civil
rico
litigation
doubt
construction
offenses
greatly
disruptive
important
federal
interests
also
possibility
state
courts
disrupt
uniform
construction
criminal
rico
launching
new
interpretations
pattern
enterprise
elements
offense
hearing
civil
rico
suits
possibility
though
insubstantial
cf
northwestern
bell
telephone
enough
require
exclusive
federal
jurisdiction
civil
rico
claims
even
though
varying
interpretations
pattern
enterprise
elements
rico
may
drastically
change
consequences
flow
particular
acts
variations
make
act
criminal
one
system
blameless
another
therefore
implicate
core
due
process
concerns
identified
ante
underlying
need
uniform
construction
criminal
statutes
moreover
authority
reduce
risk
set
aside
incorrect
interpretations
elements
rico
liability
justice
scalia
justice
kennedy
joins
concurring
join
opinion
addressing
issues
us
basis
argued
parties
included
acceptance
dictum
gulf
offshore
mobil
oil
presumption
concurrent
jurisdiction
rebutted
explicit
statutory
directive
unmistakable
implication
legislative
history
clear
incompatibility
jurisdiction
federal
interests
ante
dicta
repeatedly
used
point
departure
analysis
regrettable
tendency
acquire
practical
status
legal
rules
write
separately
one
become
entrenched
note
view
one
respect
correct
statement
law
another
respect
may
state
courts
jurisdiction
federal
causes
action
conferred
upon
congress
even
inherent
powers
permit
entertain
transitory
causes
action
arising
laws
foreign
sovereigns
see
mckenna
fisk
laws
laws
several
much
binding
citizens
courts
thereof
state
laws
two
together
form
one
system
jurisprudence
constitutes
law
land
state
courts
two
jurisdictions
foreign
claflin
houseman
see
also
minneapolis
louis
bombolis
therefore
takes
affirmative
act
power
supremacy
clause
oust
jurisdiction
exercise
one
earliest
cases
referred
power
congress
withdraw
federal
claims
jurisdiction
houston
moore
wheat
emphasis
added
see
also
bombolis
supra
concurrent
jurisdiction
exists
unless
excepted
express
constitutional
limitation
valid
legislation
missouri
ex
rel
louis
taylor
congress
made
provision
concerning
remedy
federal
state
courts
concurrent
jurisdiction
original
proposition
eminently
arguable
depriving
state
courts
sovereign
authority
adjudicate
law
land
must
done
utmost
clarity
cf
atascadero
state
hospital
scanlon
state
sovereign
immunity
eliminated
clear
statement
least
expressly
view
alexander
hamilton
consider
state
governments
national
governments
truly
light
kindred
systems
parts
one
whole
inference
seems
conclusive
state
courts
concurrent
jurisdiction
cases
arising
laws
union
expressly
prohibited
federalist
bourne
ed
assuming
however
exclusion
implication
possible
surely
required
implication
text
statute
merely
second
part
gulf
offshore
dictum
permit
unmistakable
implication
legislative
history
although
charles
dowd
box
courtney
concluding
statute
state
even
suggest
federal
jurisdiction
shall
exclusive
proceeded
quite
unnecessarily
examine
legislative
history
reinforce
rather
contradict
conclusion
already
reached
never
found
state
jurisdiction
excluded
unmistakable
implication
legislative
history
perhaps
harmless
enough
say
since
one
hardly
imagine
implication
legislative
history
unmistakable
demonstrates
agreement
proposition
majority
houses
president
unless
proposition
embodied
statutory
text
parties
given
assent
harmless
simply
wrong
principle
assert
congress
effect
affirmative
legislative
act
simply
talking
unmistakable
clarity
needed
oust
jurisdiction
congressional
action
provision
law
merely
congressional
discussion
perhaps
also
true
implied
preclusion
established
fact
statute
expressly
mentions
federal
courts
plus
fact
jurisdiction
plainly
disrupt
statutory
scheme
conceivably
meant
third
part
gulf
offshore
dictum
clear
incompatibility
jurisdiction
federal
interests
phrase
interpreted
broadly
however
taken
assert
power
part
exclude
jurisdiction
systemic
federal
interests
make
undesirable
absolutely
foundation
precedent
gulf
offshore
cited
three
cases
support
incompatibility
formulation
first
dowd
box
supra
contains
nothing
support
incompatibility
principle
except
quotation
second
case
gulf
offshore
cited
claflin
indeed
response
argument
nly
federal
judiciary
possesses
familiarity
federal
labor
legislation
monolithic
judicial
system
necessary
elaborate
coherent
system
national
labor
laws
dowd
box
opinion
said
whatever
merits
argument
matter
policy
find
nothing
indicate
congress
adopted
policy
enacting
second
case
cited
claflin
said
concurrent
jurisdiction
exists
excluded
express
provision
incompatibility
exercise
arising
nature
particular
case
subsequent
discussion
makes
entirely
clear
however
meant
incompatibility
exercise
arising
nature
particular
case
particular
statute
issue
impliedly
excluded
jurisdiction
congress
said
may
sees
fit
give
federal
courts
exclusive
jurisdiction
sometimes
express
enactment
sometimes
implication
third
case
cited
garner
teamsters
nothing
jurisdiction
federal
cause
action
held
national
labor
relations
act
whose
express
provision
jurisdiction
national
labor
relations
board
shall
exclusive
already
held
prevent
federal
courts
assuming
primary
jurisdiction
labor
disputes
see
myers
bethlehem
shipbuilding
prevented
state
courts
well
sum
holds
rico
cause
action
meets
none
three
tests
exclusion
jurisdiction
recited
gulf
offshore
since
proposition
meeting
one
tests
sufficed
dictum
view
meeting
second
test
assuredly
enough
meeting
third
may