RJR Nabisco, Inc. v. European Community

RJR Nabisco, Inc. v. European Community
RJR Nabisco, Inc. v. European Community
	Supreme Court of the United States
Argued March 21, 2016; Decided June 20, 2016
Full case name	RJR Nabisco, Inc., et al. v. European Community et al.
Docket no.	15-138
Citations	579 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
Majority	Alito, joined by Roberts, Kennedy, Thomas; Ginsburg, Breyer, Kagan (Parts I, II, and III)
Concur/dissent	Ginsburg, joined by Breyer, Kagan
Concur/dissent	Breyer
	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.

References

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

External links

Text of RJR Nabisco, Inc. v. European Community, 579 U.S. ___ (2016) is available from: Justia Oyez (oral argument audio) Supreme Court (slip opinion) (archived)

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[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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