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Headlines Tagged with EC Suit 27 headlines found

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ARCHIVE: European Community v. RJR Nabisco Inc. - Second Circuit: Second Circuit Denies Petition to Rehear Case in Which Panel Held that the Racketeer Influenced Corrupt Organizations Act (RICO) Applies to Extraterritorial Conduct

the underlying civil action alleged that RJR Nabisco was engaged in a complex multi-step racketeering scheme involving the extraterritorial sale of RJR Nabisco cigarettes. The complaint charges RJR Nabisco with the predicate acts of extraterritorial pros
American Bar Association
added Feb 17, 2016 22:37
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RJR Nabisco, Inc., et al. v. The European Community Docket No. 15-138

Question Presented: To what extent does the Racketeer Influenced and Corrupt Organizations Act (“RICO”) apply extraterritorially? Merit Briefs: Brief for Petitioners RJR Nabisco, Inc., et al. Brief for Respondents The European Community, et al.
American Bar Association
added Feb 10, 2016 04:35
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RJR NABISCO v THE EUROPEAN COMMUNITY: BRIEF FOR PETITIONERS (PDF)

Whatever the precise geographic scope of RICO, this extravagant and unprecedented expansion—to what is fairly described as foreign-to-the-fourth or foreign-to-the-fifth civil RICO claims—cannot possibly be right. Not surprisingly, the panel’s judgment res
American Bar Association
added Feb 10, 2016 04:33
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RJR NABISCO v THE EUROPEAN COMMUNITY: BRIEF OF WASHINGTON LEGAL FOUNDATION AND ALLIED EDUCATIONAL FOUNDATION AS AMICI CURIAE IN SUPPORT OF PETITIONERS (PDF)

I. THE GLOBAL EXPANSION OF RICO INVITES AN EXPLOSION IN CIVIL LITIGATION ABUSE...A. Civil RICO Is Uniquely Prone to Abuse by the Plaintiffs’ Bar...If this Court were to affirm the Second Circuit’s deeply flawed decision below, it would effectively authori
American Bar Association
added Feb 10, 2016 04:05
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RJR NABISCO v THE EUROPEAN COMMUNITY: BRIEF OF AMICUS CURIAE THE NATIONAL FOREIGN TRADE COUNCIL IN SUPPORT OF PETITIONERS (PDF)

“the litigation equivalent of a thermonuclear device”...This Court should decline Respondent’s invitation to convert this nation’s courts into quasiglobal courts permitted to adjudicate claims that have little, if any, connection to the United States.
American Bar Association
added Feb 10, 2016 03:59
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RJR NABISCO v THE EUROPEAN COMMUNITY: BRIEF FOR RESPONDENTS (PDF)

Congress therefore spoke clearly that it intended Section 1964(c) to allow the victims of RICO violations to recover for the injuries they suffer by reason of that unlawful conduct, wherever the victims’ injuries occur. Neither the Solicitor General’
American Bar Association
added Feb 10, 2016 03:54
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[Europe] Feds Tell High Court To Nix RICO Suit Against RJR Nabisco ($$)

The federal government has urged the U.S. Supreme Court to toss the European Union’s civil suit accusing RJR Nabisco Inc. of a money-laundering scheme, arguing it doesn’t sufficiently allege extraterritorial violations of the Racketeer Influenced and Corr
Law360
added Dec 23, 2015 22:32
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RJR NABISCO, INC., et al. v. THE EUROPEAN COMMUNITY: BRIEF OF WASHINGTON LEGAL FOUNDATION AND ALLIED EDUCATIONAL FOUNDATION AS AMICI CURIAE IN SUPPORT OF PETITIONERS (PDF)

Affirming the decision below unquestionably will invite wholly foreign litigation into the United States, where it does not belong. Allowing foreign litigants to bring what are otherwise ordinary foreign civil disputes into U.S. federal courts will dramat
SCOTUSBlog
added Dec 22, 2015 22:45
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RJR NABISCO v. THE EUROPEAN COMMUNITY: On Writ Of Certiorari: BRIEF FOR PETITIONERS (PDF)

RICO’s private cause of action contains no clear indication that it reaches foreign injuries. Its text is silent on whether foreign injuries are covered, and its background legal context affirmatively suggests that it is limited to domestic injuries.
SCOTUSBlog
added Dec 17, 2015 22:59
2 Views

RJR NABISCO, INC. v. THE EUROPEAN COMMUNITY: REPLY TO BRIEF IN OPPOSITION (PDF)

In short, because RICO’s text is silent as to its extraterritorial force, it necessarily “has none.”
SCOTUSBlog
added Dec 9, 2015 19:03
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