abnormally dangerous activity, and continuing trespass due to defendants' burial of hazardous water on the property now owned by the funds); New Orleans Sheet Metal Workers’ Local 11 Health and Welfare Fund v. ABC Ins. Co., 1990 WL 103118 (E.D.La. July 16, 1990) (remanding legal malpractice claim by funds against former lawyer and his insurance company to state court). 19 . It bears mention that there is a split between various courts as to whether reliance is a necessary ingredient of proximate cause when a RICO violation is predicated on mail or wire fraud, and the Third Circuit has not yet definitively spoken. The majority of courts, however, require reliance, a requirement that seems eminently sensible. See, e.g., Chisolm v. TranSouth Finan. Corp., 95 F.3d 331, 337 (4th Cir.1996) (<HOLDING>); Central Distributors of Beer, Inc. v.
holding that plaintiff lacked standing to assert rico claim for mail fraud based on misrepresentations made to third parties holding that in the context of mail and wire fraud a plaintiff must have justifiably relied to his detriment on the defendants material misrepresentations holding in a civil rico case based upon predicate acts of mail and wire fraud that the plaintiff must plead a material misrepresentation of fact that was calculated or intended to deceive persons of reasonable prudence and comprehension and that the plaintiff relied upon that material misrepresentation to establish the fraud statutes requisite scheme to defraud holding direct misrepresentations were not required for mail fraud conviction holding that wire and mail fraud statutes are construed identically