On November 5, 2025, Judge Orelia E. Merchant of the US District Court for the Eastern District of New York granted Seiden Law client Amoy Food Limited\u2019s (\u201cAmoy\u201d) motion to dismiss an action involving alleged fraud related to mooncakes.<\/p>\n
Amoy is a leading mooncakes manufacturer based in Hong Kong.\u00a0 In the lawsuit, plaintiff May Flower International, Inc. (\u201cMay Flower\u201d), a New York-based importer, alleged that Amoy and other defendants falsely represented that Amoy\u2019s mooncakes were made in Hong Kong when they were (allegedly) made in mainland China. May Flower\u2019s lawsuit included claims under the Racketeer Influenced and Corrupt Organizations Act (\u201cRICO\u201d) and fraud arising out of May Flower\u2019s purchase of Amoy-branded mooncakes. May Flower alleged that the defendants, along with \u201cgangsters,\u201d formed an \u201centerprise\u201d and committed \u201cracketeering activities\u201d in violation of RICO, in an attempt to extort payment for the mooncakes.<\/p>\n
In its November 5 decision, the Court rejected May Flower\u2019s RICO claims. The Court found that May Flower\u2019s allegations related to a single mooncake transaction were not sufficient to form the basis of a RICO \u201centerprise.\u201d The Court also found that May Flower\u2019s claims failed to adequately allege a pattern of racketeering activity.<\/p>\n
Having dismissed Plaintiff\u2019s RICO claims, which represented all claims over which the Court had original jurisdiction, the Court properly declined to exercise supplemental jurisdiction over the remaining common-law fraud claims. Because May Flower had already amended its Complaint and failed to identify how the amendment would remedy its pleading deficiencies, the Court declined to grant May Flower\u2019s request for leave to amend. Accordingly, the Court dismissed the case in its entirety.<\/p>\n