OCTOBER TERM, 1999
Syllabus
ROTELLA
v. WOOD ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH
CIRCUIT
No. 98-896. Argued November 3, 1999-Decided February 23,
2000
Petitioner Rotella was admitted to a private psychiatric
facility in 1985 and discharged in 1986. In 1994, the facility's
parent company and one of its directors pleaded guilty to criminal
fraud related to improper relationships and illegal agreements
between the company and its doctors. Rotella learned of the plea
that same year, and in 1997 he filed a civil damages action under
the Racketeer Influenced and Corrupt Organizations Act (RICO),
claiming that respondents, doctors and related business entities,
had conspired to keep him hospitalized to maximize their profits.
RICO makes it criminal "to conduct" an "enterprise's affairs
through a pattern of racketeering activity," 18 U. S. C. § 1962(c).
A "pattern" requires at least two acts of racketeering activity,
the last of which occurred within 10 years after the commission of
a prior act. § 1961(5). A person injured by a RICO violation may
bring a civil RICO action. § 1964(c). The District Court granted
respondents summary judgment on the ground that the 4-year
limitations period for civil RICO claims, see
Agency Holding
Corp. v.
Malley-Duff &
Associates, Inc.,
483 U. S. 143,
156, had expired in 1990, four years after Rotella admitted
discovering his injury. In affirming, the Fifth Circuit rejected
Rotella's argument that the limitations period does not begin to
run until a plaintiff discovers (or should have discovered) both
the injury and the pattern of racketeering activity.
Held: The "injury and pattern discovery" rule invoked by
Rotella does not govern the start of the limitations period for
civil RICO claims. Pp. 553-561.
(a) In
Malley-Duff, this Court based its choice of a
uniform 4-year statute of limitations period for civil RICO on a
Clayton Act analogy, but did not decide when the period began to
run. In
Malley-Duff's wake, some Circuits, like the Fifth,
applied an injury discovery accrual rule starting the clock when a
plaintiff knew or should have known of his injury, while others
applied the injury and pattern discovery rule that Rotella seeks.
This Court has rejected the Third Circuit's "last predicate act"
rule,
Klehr v.
A. O.
Smith Corp., 521 U. S. 179, and now
eliminates another possibility. Pp. 553-554.
(b) The injury and pattern discovery rule is unsound for a
number of reasons. It would extend the potential limitations period
for most civil
550
Syllabus
RICO cases well beyond the time when a plaintiff's cause of
action is complete. Under a provision recognizing the possibility
of predicate acts 10 years apart, even an injury occurrence rule
unsoftened by a discovery feature could in theory open the door to
proof of predicate acts occurring 10 years before injury and 14
years before commencement of suit. A pattern discovery rule would
allow proof even more remote from time of trial and, hence,
litigation even more at odds with the basic policies of all
limitations provisions: repose, elimination of stale claims, and
certainty about a plaintiff's opportunity for recovery and a
defendant's potential liabilities. See,
e. g., Klehr, supra,
at 187. In the circumstance of medical malpractice, where the cry
for a discovery rule is loudest, the Court has been emphatic that
the justification for such a rule does not extend beyond the
injury.
United States v.
Kubrick, 444 U. S. 111, 122.
A person suffering from inadequate treatment is thus responsible
for determining within the limitations period then running whether
the inadequacy was malpractice. There is no good reason for
accepting a lesser degree of responsibility on a RICO plaintiff's
part. The fact, as Rotella notes, that identifying a pattern in
civil RICO may require considerable effort does not place a RICO
plaintiff in a significantly different position from the
malpractice victim, who may be thwarted by ignorance of the details
of treatment decisions or of prevailing medical practice standards.
This Court has also recognized that the connection between fraud
and civil RICO is an insufficient ground for recognizing a
limitations period beyond four years,
Malley-Duff, supra, at
149, and adopting Rotella's lenient rule would amount to
backtracking from
Malley-Duff Rotella's less demanding
discovery rule would also clash with the limitations imposed on
Clayton Act suits. There is a clear legislative record of
congressional reliance on the Clayton Act when RICO was under
consideration, and the Clayton Act's injury-focused accrual rule
was well established by the time civil RICO was enacted. Both
statutes share a common congressional objective of encouraging
civil litigation not merely to compensate victims but also to turn
them into private attorneys general, supplementing Government
efforts by undertaking litigation in the public good. The Clayton
Act analogy reflects Congress's clear intent to reject a
potentially longer basic rule under RICO. Neither of Rotella's two
remaining pointsthat this Court itself has undercut the Clayton Act
analogy; and that without a pattern discovery rule, some plaintiffs
will be barred from suit by Federal Rule of Civil Procedure 9(b),
which requires that fraud be pleaded with particularity-supports
adoption of a more protracted basic limitations period. Pp.
555-561.
147 F.3d
438, affirmed.
551
SOUTER, J., delivered the opinion for a unanimous Court.
Richard P. Hogan, Jr., argued the cause for
petitioner.
With him on the briefs were Kevin Dubose, Richard W Mithoff,
Tommy Jacks, and Robert F. Andrews.
Charles T. Frazier, Jr., argued the cause for
respondents.
With him on the brief were Debora B. Alsup, John H. Martin, Tom
Renfro, and Joseph R. Cleveland, Jr.
*
JUSTICE SOUTER delivered the opinion of the Court.
The commencement of petitioner's civil treble-damages action
under the Racketeer Influenced and Corrupt Organizations Act (RICO)
was timely only if the so-called "injury and pattern discovery"
rule governs the start of the 4-year limitations period. We hold
that it does not.
I
In February 1985, petitioner, Mark Rotella, was admitted to the
Brookhaven Psychiatric Pavilion with a diagnosis of major
depression.
Rotella v.
Pederson, 144 F.3d
892, 894
(CAS 1998). He was discharged in 1986. In 1994,
Brookhaven's parent company and one of its directors pleaded guilty
to charges of criminal fraud perpetrated through improper
relationships and illegal agreements between the company and its
doctors. Rotella learned of the plea agreement that same year, and
in 1997 he filed a civil RICO claim against respondents, a group of
doctors and related business entities, in Federal District
Court.1
* Daniel J. Popeo and
Richard A.
Samp filed a brief for the Washington Legal Foundation et al.
as
amici curiae urging affirmance.
Philip Allen Lacovara, Evan M. Tager, and Gary E. Hughes filed a
brief for the American Council of Life Insurance as amicus
curiae.
1 Rotella alleged that "a group of doctors and their related
business entities ... improperly conspir[ed] to admit, treat, and
retain him at Brookhaven Psychiatric Pavilion for reasons related
to their own financial interests rather than the patient's
psychiatric condition."
147 F.3d
438,
439 (CA5 1998). As injuries, he alleged, among
other things, confinement
552
RICO, 18 U. s. C. §§ 1961-1968 (1994 ed. and Supp. II!), makes
it criminal "to conduct" an "enterprise's affairs through a pattern
of racketeering activity," 18 U. S. C. § 1962(c), defined as
behavior that violates certain other laws, either enumerated
federal statutes or state laws addressing specified topics and
bearing specified penalties, 18 U. S. C. § 1961(1) (Supp. III).
"Pattern" is also a defined term requiring "at least two acts of
racketeering activity ... , the last of which occurred within ten
years ... after the commission of a prior act of racketeering
activity." 18 U. S. C. § 1961(5).
RICO provides for civil actions (like this one) by which "[a]ny
person injured in his business or property" by a RICO violation may
seek treble damages and attorney's fees. 18 U. S. C. § 1964(c)
(Supp. III). Rotella alleged such injury, in that respondents had
conspired to admit, treat, and retain him at Brookhaven not for any
medical reason but simply to maximize their profits. Respondents
raised the statute of limitations as a defense and sought summary
judgment on the ground that the period for bringing the civil
action had expired before Rotella sued.
Agency Holding Corp. v.
Malley-Duff &
Associates, Inc., 483 U. S. 143, 156
(1987), established a 4-year limitations period for civil RICO
claims. The District Court held that the period began when Rotella
discovered his injury, which he concedes he did in 1986 at the
latest.
147 F.3d
438, 439
(CAS 1998). Under this "injury discovery" rule,
the limitations period expired in 1990, and the District Court
accordingly ordered summary judgment for respondents. Rotella
appealed to the Fifth Circuit, arguing that the RICO limitations
period does not begin to run until the plaintiff discovers (or
should have discovered) both the injury and the pattern
for an excessive period because of the conspiracy to draw down
his and other patients' insurance coverage, loss of a number of
personal items, and fraudulent charges for unnecessary treatment.
Brief for Petitioner 3; App. 20-24.
553
of racketeering activity. After the Fifth Circuit ruled against
him,
ibid., we granted certiorari to address a split of
authority among the Courts of Appeals on whether the limitations
period is triggered in accordance with the "injury and pattern
discovery" rule invoked by Rotella. 526 U. S. 1003 (1999). We now
affirm.
II
Given civil RICO's want of any express limitations provision for
civil enforcement actions, in
Malley-Duff we undertook to
derive one and determined that the limitations period should take
no account of differences among the multifarious predicate acts of
racketeering activity covered by the statute. Although we chose a
uniform 4-year period on a Clayton Act analogy, § 4B, as added, 69
Stat. 283, 15 U. S. C. § 15b, we did not decide when the period
began to run, and the question has divided the Courts of
Appeals.
Three distinct approaches emerged in the wake of
Malley-Duff Some Circuits, like the Fifth in this case,
applied an injury discovery accrual rule starting the clock when a
plaintiff knew or should have known of his injury. See,
e. g.,
Grimmett v.
Brown, 75 F.3d
506, 511
(CA9 1996); McCool v.
Strata Oil Co.,
972 F.2d
1452, 1464-1465
(CA7 1992); Rodriguez v.
Banco
Central Corp., 917 F.2d
664, 665
666 (CA1 1990);
Bankers Trust Co. v.
Rhoades, 859 F.2d
1096, 1102
(CA2 1988);
Pocahontas Supreme Coal
Co. v.
Bethlehem Steel Corp., 828
F.2d 211, 220
(CA4 1987).
Some applied the injury and pattern discovery rule that Rotella
seeks, under which a civil RICO claim accrues only when the
claimant discovers, or should discover, both an injury and a
pattern of RICO activity. See,
e. g., Caproni v.
Prudential Securities, Inc., 15 F.3d
614, 619-620
(CA6 1994); Granite Falls Bank v.
Henrikson, 924 F.2d
150, 154
(CA8 1991);
Bath v.
Bushkin, Gaims,
Gaines &
Jonas, 913 F. 2d 817, 820-821 (CAlO 1990);
Bivens Gardens Office
554
Building, Inc. v. Barnett Bank,
906 F.2d
1546, 1554-1555
(CAll 1990).
The Third Circuit applied a "last predicate act" rule, see
Keystone Ins. Co. v.
Houghton, 863
F.2d 1125, 1130
(CA3 1988). Under this rule, the period
began to run as soon as the plaintiff knew or should have known of
the injury and the pattern of racketeering activity, but began to
run anew upon each predicate act forming part of the same
pattern.
In
Klehr v.
A. O.
Smith Corp., 521 U. S. 179 (1997), we
cut the possibilities by one in rejecting the last predicate act
rule. Since a pattern of predicate acts can continue indefinitely,
with each separated by as many as 10 years, that rule might have
extended the limitations period to many decades, and so beyond any
limit that Congress could have contemplated. See
ibid.
Preserving a right of action for such a vast stretch of time would
have thwarted the basic objective of repose underlying the very
notion of a limitations period. See
id., at 189. The last
predicate act rule was likewise at odds with the model for civil
RICO, the Clayton Act, under which "[g]enerally, a cause of action
accrues and the statute begins to run when a defendant commits an
act that injures a plaintiff's business."
Zenith Radio Corp.
v.
Hazeltine Research, Inc., 401 U. S. 321, 338
(1971);
Klehr, supra, at 188.
The decision in
Klehr left two candidates favored by
various Courts of Appeals: some form of the injury discovery rule
(preferred by a majority of Circuits to have considered it), and
the injury and pattern discovery rule. Today, guided by principles
enunciated in
Klehr, we eliminate the latter.2
2We do not, however, settle upon a final rule. In addition to
the possibilities entertained in the Courts of Appeals, JUSTICE
SCALIA has espoused an "injury occurrence" rule, under which
discovery would be irrelevant,
Klehr v.
A. O.
Smith Corp., 521 U. S. 179, 198 (1997)
(opinion concurring in part and concurring in judgment), and our
decision in
Klehr leaves open the possibility of a straight
injury occurrence rule.
Amicus American Council of Life
Insurance urges us to adopt this injury occurrence rule in this
case, see Brief for American Council of Life Insurance
555
III
We think the minority injury and pattern discovery rule unsound
for a number of reasons. We start with the realization that under
the provision recognizing the possibility of finding a pattern of
racketeering in predicate acts 10 years apart, even an injury
occurrence rule unsoftened by a discovery feature could in theory
open the door to proof of predicate acts occurring 10 years before
injury and 14 before commencement of litigation. A pattern
discovery rule would allow proof of a defendant's acts even more
remote from time of trial and, hence, litigation even more at odds
with the basic policies of all limitations provisions: repose,
elimination of stale claims, and certainty about a plaintiff's
opportunity for recovery and a defendant's potential liabilities.
See,
e. g., Klehr, supra, at 187;
Malley-Duff, 483 U. S., at 150, 156;
Wilson v.
Garcia, 471 U.
S. 261, 270, 271 (1985).
How long is too long is, of course, a matter of judgment based
on experience, and it gives us great pause that the injury and
pattern discovery rule is an extension of the traditional federal
accrual rule of injury discovery, and unwarranted by the injury
discovery rule's rationale. Federal courts, to be sure, generally
apply a discovery accrual rule when a statute is silent on the
issue, as civil RICO is here.
Klehr, supra, at 191 (citing
Connors v.
Hallmark &
Son Coal Co.,
935 F.2d
336, 342
(CADC 1991), and 1 C. Corman, Limitation of
Actions § 6.5.5.1, p. 449 (1991)). But in applying a discovery
accrual rule, we have been at pains to explain that discovery of
the injury, not discovery of the other elements of a claim, is what
starts the clock. In the circumstance of medical malpractice, where
the cry for a discovery rule is loudest, we have been emphatic that
the justification for a discovery rule does not extend beyond the
injury:
"We are unconvinced that for statute of limitations purposes a
plaintiff's ignorance of his legal rights and his
as
Amicus Curiae 5-14, but the parties have not focused
on this option, and we would not pass upon it without more
attentive advocacy.
556
ignorance of the fact of his injury or its cause should receive
identical treatment. That he has been injured in fact may be
unknown or unknowable until the injury manifests itself; and the
facts about causation may be in the control of the putative
defendant, unavailable to the plaintiff or at least very difficult
to obtain. The prospect is not so bleak for a plaintiff in
possession of the critical facts that he has been hurt and who has
inflicted the injury. He is no longer at the mercy of the latter.
There are others who can tell him if he has been wronged, and he
need only ask." United States v. Kubrick, 444 U. S. 111, 122
(1979).
A person suffering from inadequate treatment is thus responsible
for determining within the limitations period then running whether
the inadequacy was malpractice.
We see no good reason for accepting a lesser degree of
responsibility on the part of a RICO plaintiff. It is true, of
course, as Rotella points out, that RICO has a unique pattern
requirement, see
Malley-Duff, supra, at 154 ("[T]he heart of
any RICO complaint is the allegation of a
pattern of
racketeering");
H. J. Inc. v.
Northwestern
Bell Telephone Co., 492 U. S. 229, 236 (1989) (referring to
"RICO's key requirement of a pattern of racketeering"). And it is
true as well that a pattern of predicate acts may well be complex,
concealed, or fraudulent. But identifying professional negligence
may also be a matter of real complexity, and its discovery is not
required before the statute starts running.
Kubrick, supra,
at 122, 124. Although we said that the potential malpractice
plaintiff "need only ask" if he has been wronged by a doctor,
considerable enquiry and investigation may be necessary before he
can make a responsible judgment about the actionability of the
unsuccessful treatment he received. The fact, then, that a
considerable effort may be required before a RICO plaintiff can
tell whether a pattern of racketeering is demonstrable does not
place him in a significantly different position from the
malpractice victim. A RICO plaintiff's
557
ability to investigate the cause of his injuries is no more
impaired by his ignorance of the underlying RICO pattern than a
malpractice plaintiff is thwarted by ignorance of the details of
treatment decisions or of prevailing standards of medical
practice.
Nor does Rotella's argument gain strength from the fact that
some patterns of racketeering will include fraud, which is
generally associated with a different accrual rule; we have already
found the connection between civil RICO and fraud to be an
insufficient ground for recognizing a limitations period beyond
four years,
Malley-Duff, supra, at 149, and the lenient rule
Rotella seeks would amount to backsliding from
Malley-Duff
What is equally bad is that a less demanding basic discovery
rule than federal law generally applies would clash with the
limitations imposed on Clayton Act suits. This is important
because, as we have previously noted, there is a clear legislative
record of congressional reliance on the Clayton Act when RICO was
under consideration, see
Sedima, S.
P. R. L. v.
Imrex Co., 473
U. S. 479, 489 (1985), and we have recognized before that the
Clayton Act's injury-focused accrual rule was well established by
the time civil RICO was enacted.
Klehr, 521 U. S., at 189.
In rejecting a significantly different focus under RICO, therefore,
we are honoring an analogy that Congress itself accepted and relied
upon, and one that promotes the objectives of civil RICO as readily
as it furthers the objects of the Clayton Act. Both statutes share
a common congressional objective of encouraging civil litigation to
supplement Government efforts to deter and penalize the
respectively prohibited practices. The object of civil RICO is thus
not merely to compensate victims but to turn them into prosecutors,
"private attorneys general," dedicated to eliminating racketeering
activity.3
Id., at 187
3 This objective of encouraging prompt litigation to combat
racketeering is the most obvious answer to Rotella's argument that
the injury and pattern discovery rule should be adopted because
"RICO is to be read
558
(citing
Malley-Duff, 483 U. S., at 151) (civil RICO
specifically has a "further purpose [of] encouraging potential
private plaintiffs diligently to investigate"). The provision for
treble damages is accordingly justified by the expected benefit of
suppressing racketeering activity, an object pursued the sooner the
better. It would, accordingly, be strange to provide an unusually
long basic limitations period that could only have the effect of
postponing whatever public benefit civil RICO might realize. The
Clayton Act avoids any such policy conflict by its accrual rule
that "[g]enerally, a cause of action accrues and the statute begins
to run when a defendant commits an act that injures a plaintiff's
business,"
Zenith Radio Corp. v.
Hazeltine Research,
Inc., 401 U. S., at 338, and the Clayton Act analogy reflects
the clear intent of Congress to reject a potentially longer basic
rule under RICO.
In sum, any accrual rule softened by a pattern discovery feature
would undercut every single policy we have mentioned. By tying the
start of the limitations period to a plaintiff's reasonable
discovery of a pattern rather than to the point of injury or its
reasonable discovery, the rule would extend the potential
limitations period for most civil RICO cases well beyond the time
when a plaintiff's cause of action is complete,4 as this case
shows. Rotella does not deny that
broadly" and "'liberally construed to effectuate its remedial
purposes,'"
Sedima, S.
P. R. L. v.
Imrex Co.,
473 U. S. 479,
497-498 (1985) (quoting Pub. L. 91-452, § 904(a), 84 Stat.
947).
4 Some Circuits apply injury and pattern discovery out of fear
that when the injury precedes a second predicate act, the
limitations period might otherwise expire before the pattern is
created.
E. g., Granite Falls Bank v.
Henrikson,
924 F.2d
150, 154
(CA8 1991). Respondents argue that this
overlooks the cardinal principle that a limitations period does not
begin to run until the cause of action is complete.
Rawlings
v.
Ray, 312 U.
S. 96, 98 (1941); see also
United States v.
Lindsay, 346
U. S. 568, 569 (1954);
Clark v.
Iowa City, 20
Wall. 583, 589 (1875).
The quandary is hypothetical here; Rotella does not dispute that
his injury in 1986 completed the elements of his cause of action.
Hence, we
559
he knew of his injury in 1986 when it occurred, or that his
civil RICO claim was complete and subject to suit at that time. But
under Rotella's rule, the clock would have started only in 1994,
when he discovered the pattern of predicate acts (his assumption
being that he could not reasonably have been expected to discover
them sooner). A limitations period that would have begun to run
only eight years after a claim became ripe would bar repose, prove
a godsend to stale claims, and doom any hope of certainty in
identifying potential liability. Whatever disputes may arise about
pinpointing the moment a plaintiff should have discovered an injury
to himself would be dwarfed by the controversy inherent in divining
when a plaintiff should have discovered a racketeering pattern that
might well be complex, concealed or fraudulent, and involve harm to
parties wholly unrelated to an injured plaintiff. The fact, as
Rotella notes, that difficulty in identifying a pattern is inherent
in civil RICO, see
H. J. Inc., 492 U. S., at
235, n. 2 (collecting cases), only reinforces our reluctance to
parlay the necessary complexity of RICO into worse trouble in
applying its limitations rule. Cf.
Wilson, 471 U. S., at 270
(discussing need for firmly defined, easily applied rules). A
pattern discovery rule would patently disserve the congressional
objective of a civil enforcement scheme parallel to the Clayton Act
regime, aimed at rewarding the swift who undertake litigation in
the public good.
Rotella has two remaining points about which a word should be
said. We have already encountered his argument that differences
between RICO and the Clayton Act render their analogy inapt, and we
have explained why neither the RICO pattern requirement nor the
occurrence of fraud in
need not and do not decide whether civil RICO allows for a cause
of action when a second predicate act follows the injury, or what
limitations accrual rule might apply in such a case. In any event,
doubt about whether a harm might be actionable before a pattern is
complete is a weak justification for the cost of a general pattern
discovery rule.
560
RICO patterns is a good reason to ignore the Clayton Act model,
see
supra, at 556-557. Here it remains only to respond to
Rotella's argument that we ourselves undercut the force of the
Clayton Act analogy when we held that RICO had no racketeering
injury requirement comparable to the antitrust injury requirement
under the Clayton Act, see
Sedima, 473 U. S., at 495. This
point not only fails to support but even cuts against Rotella's
position. By eliminating the complication of anything like an
antitrust injury element we have, to that extent, recognized a
simpler RICO cause of action than its Clayton Act counterpart, and
RICO's comparative simplicity in this respect surely does not
support the adoption of a more protracted basic limitations
period.
Finally, Rotella returns to his point that RICO patterns will
involve fraud in many cases, when he argues that unless a pattern
discovery rule is recognized, a RICO plaintiff will sometimes be
barred from suit by Federal Rule of Civil Procedure 9(b), which
provides that fraud must be pleaded with particularity. While we
will assume that Rule 9(b) will exact some cost, we are wary of
allowing speculation about that cost to control the resolution of
the issue here. Rotella has presented no case in which Rule 9(b)
has effectively barred a claim like his, and he ignores the
flexibility provided by Rule 11(b)(3), allowing pleadings based on
evidence reasonably anticipated after further investigation or
discovery. See,
e. g., Corley v.
Rosewood Care Center,
Inc. of Peoria, 142 F.3d
1041, 1050-1051
(CA7 1998) (relaxing particularity
requirements of Rule 9(b) where RICO plaintiff lacks access to all
facts necessary to detail claim). It is not that we mean to reject
Rotella's concern about allowing "blameless ignorance" to defeat a
claim,
Urie v.
Thompson, 337 U. S. 163, 170
(1949); we simply do not think such a concern should control the
decision about the basic limitations rule. In rejecting pattern
discovery as a basic rule, we do not unsettle the understanding
that federal statutes of limitations are generally subject to
equitable principles of tolling, see
Holm-
561
berg v.
Armbrecht, 327 U. S. 392, 397
(1946), and where a pattern remains obscure in the face of a
plaintiff's diligence in seeking to identify it, equitable tolling
may be one answer to the plaintiff's difficulty, complementing
Federal Rule of Civil Procedure 11(b)(3). See
ibid.; see
generally
Klehr, 521 U. S., at 192-193 (noting distinctions
between different equitable devices). The virtue of relying on
equitable tolling lies in the very nature of such tolling as the
exception, not the rule.
The judgment of the Court of Appeals is affirmed.
It is so ordered.
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