Takeaways From The High Court's New Rule On RICO's Reach
Law360, New York ( June 22, 2016, 11:52 AM EDT) -- On June 20, 2016, the U.S. Supreme Court reversed the Second Circuit's decision in RJR Nabisco Inc. v. European Community,[1] ruling that the federal Racketeer Influenced and Corrupt Organizations Act has limited extraterritorial application, and that even when it does a private litigant must allege a domestic U.S. injury in order to state a claim. Previously, a three-way circuit split had left the viability of RICO claims very much dependent upon the district in which they were brought — imposing the risk of inconsistent outcomes on RICO claims arising out of international activities. The court's decision rejects all of the prevailing rulings on extraterritoriality and offers some new takes on the court's prior jurisprudence in that area as well as antitrust law....
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