In case you’re a wonk, here is the
partial summary judgment decision on the motion to dismiss:
Long story short:
Defendants’ [that is, the Derwick Associates guys] motion to dismiss is GRANTED in part and DENIED in part. Claims I and II (RICO) and VII (civil conspiracy) are dismissed.
Defendant D’Agostino’s motion for leave to file a sur-reply is granted.
And yes, this is the part where I note that my initial reaction to Reich’s case was that it was a bit of a reach. Full of interesting claims, ones that I would really like to see demonstrated in court, but boy. He set himself some high legal hurdles.
Update: One reader mails to say I have it all wrong, that the case is going ahead. That is another way to see things. Take it all how you will.