RJR NABISCO, INC., ET AL. v. EUROPEAN COMMUNITY
Supreme Court of the United States, Alito, June 20, 2016,
RICO – RICO may apply to conduct outside of the United States if the predicate offenses clearly support that application, but a civil RICO action requires a domestic injury
On RICO applying extraterritorially for specific predicates: 7-0-0 with 1 justice not participating and 1 opening
On a civil RICO action requiring a domestic injury: 4-3-0-0 with 1 justice not participating and 1 opening
(Concur & Dissent – Ginsburg with Breyer, Kagan – Concur with extraterritorial RICO application, but dissent that a civil RICO action doesn’t require domestic injury)
(Concur & Dissent – Breyer – Same as Ginsburg, but specifically noting the lack of evidence of “international friction” caused by allowing extraterritorial injury)
(Sotomayor took no part in the consideration of this case)