context: Landgraf demands an "unambiguous directive" from Congress before a court may apply a statute retrospectively. A negative inference from Section 108's exclusion of RICO is an ambiguous directive, if that. I therefore conclude that the PSLRA provides no explicit or (sufficiently clear) implicit indication of Congressional intent to apply the RICO amendments to actions involving pre-en-actment events.
citation_a.signal: see
citation_a.identifier: 940 F.Supp. 1177, 1177
citation_a.parenthetical: "[I]t is unlikely that Congress chose to indicate its desire for retroactive application of the RICO Amendments -- which will likely affect hundreds of pending cases -- by such a roundabout method."
citation_a.sentence: See Mathews, 161 F.3d at 170 (“[W]e find defendants’ reliance on unstated intentions, absent language, and explicit congressional directives in non-RICO areas of the Reform Act to be far from the clear evidence we seek when discerning congressional intent.”); Baker, 940 F.Supp. at 1177 (“[I]t is unlikely that Congress chose to indicate its desire for retroactive application of the RICO Amendments — which will likely affect hundreds of pending cases — by such a roundabout method.”); District 65 Retirement Trust, 925 F.Supp. at 1569; cf. Martin, 119 S.Ct. at 2004 (“This language falls short of demonstrating a ‘clear congressional intent’ favoring retroactive application of these fees limitations.” (quoting Landgraf, 511 U.S. at 280, 114 S.Ct. 1483)).
citation_b.signal: cf.
citation_b.identifier: 511 U.S. 280, 280
citation_b.parenthetical: "This language falls short of demonstrating a 'clear congressional intent' favoring retroactive application of these fees limitations." (quoting Landgraf, 511 U.S. at 280, 114 S.Ct. 1483
citation_b.sentence: See Mathews, 161 F.3d at 170 (“[W]e find defendants’ reliance on unstated intentions, absent language, and explicit congressional directives in non-RICO areas of the Reform Act to be far from the clear evidence we seek when discerning congressional intent.”); Baker, 940 F.Supp. at 1177 (“[I]t is unlikely that Congress chose to indicate its desire for retroactive application of the RICO Amendments — which will likely affect hundreds of pending cases — by such a roundabout method.”); District 65 Retirement Trust, 925 F.Supp. at 1569; cf. Martin, 119 S.Ct. at 2004 (“This language falls short of demonstrating a ‘clear congressional intent’ favoring retroactive application of these fees limitations.” (quoting Landgraf, 511 U.S. at 280, 114 S.Ct. 1483)).