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RJR Nabisco, Inc. v. European Community

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RJR Nabisco, Inc. v. European Community
Supreme Court of the United States
Argued March 21, 2016
Decided June 20, 2016
Full case nameRJR Nabisco, Inc., et al. v. European Community et al.
Docket no.15-138
Citations579 U.S. ___ (more)
136 S. Ct. 2090; 195 L. Ed. 2d 476
Holding
A violation of 18 U.S.C. § 1962 of the Racketeer Influenced and Corrupt Organizations Act may be based on a pattern of racketeering that includes predicate offenses committed abroad, provided that each of those offenses violates a predicate statute that is itself extraterritorial. However, a private RICO plaintiff must allege and prove a domestic injury.
Court membership
Chief Justice
John Roberts
Associate Justices
Anthony Kennedy · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan
Case opinions
MajorityAlito, joined by Roberts, Kennedy, Thomas; Ginsburg, Breyer, Kagan (Parts I, II, and III)
Concur/dissentGinsburg, joined by Breyer, Kagan
Concur/dissentBreyer
Sotomayor took no part in the consideration or decision of the case.

RJR Nabisco, Inc. v. European Community, 579 U.S. ___ (2016), was a United States Supreme Court case in which the Court held that the Racketeer Influenced and Corrupt Organizations Act has certain extraterritorial applications, but that plaintiffs must prove injuries within the United States for the Act to apply.[1] The decision received criticism in the Harvard Law Review for potentially restricting access to American courts for litigants from outside the country.[2]

The case was brought by the European Union's member states. RJR Nabisco (and several subsidiary organizations) were accused of engaging in cigarette smuggling and tax evasion.

See also

References

  1. ^ Liptak, Adam (June 20, 2016). "Supreme Court Sides With R.J. Reynolds in RICO Case". The New York Times. Retrieved June 27, 2017.
  2. ^ "RJR Nabisco, Inc. v. European Community". Harvard Law Review. 130. November 10, 2016.


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