According to an article in Legal Newsline, " The defendants deny the assertions in the lawsuit and believe critical evidence to prove their allegations include documents including at least three New York law firms meaning the necessary evidence is located in New York . " As the civil RICO act case heated up, more legal scholars began to follow the case and its far reaching implications for tort liability.
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Smithfield appealed the NLRB's ruling that the 1997 election was invalid, and, in 2006, the U . S . Circuit Court of Appeals found in favor of the NLRB . Smithfield and the workers at Tar Heel called on the UFCW to hold a new election, and the company agreed to pay half the cost of an independent observer, but the union argued that Smithfield would not allow a fair election and should have recognized RICO Act lawsuit against UFCW.
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