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RICO Violation and Choice-of-law Clause

We have three appeals: (1) Land O’Lakes contends that it is entitled to treble damages under RICO and a state-law counterpart (which we do not mention again); (2) the Ratajczaks contend that Packerland’s insurers had to defend and indemnify them in Land O’Lakes’s suit; (3) the Ratajczaks maintain that their own insurer must indemnify them for much of what they paid to Packerland’s buyer in settlement. We tackle the subjects in that order.

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Sufficiency of Evidence

Schloesser now appeals, arguing that the Appeals Council erred because: (1) it failed to apply SSR 83‐20 in its determination of his onset date; (2) its findings that he did not suffer from severe impairments of cervical radiculopathy, major joint dysfunction, and history of left shoulder surgery were not supported by substantial evidence; and (3) its finding that his residual functional capacity (“RFC”) did not include being off‐task up to 10% of the workday or needing unscheduled breaks was not supported by substantial evidence.

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