RJR Nabisco, Inc. v. The European Community
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 15-138 | 2d Cir. | Mar 21, 2016 | Jun 20, 2016 | 4-3 | Alito | OT 2015 |
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.
Judgment: Reversed and remanded, 4-3, in an opinion by Justice Alito on June 20, 2016. Justices Ginsburg, Breyer, and Kagan joined as to Parts I, II, and III. Justice Ginsburg filed an opinion concurring in part, dissenting in part, and dissenting from the judgment, in which Justices Breyer and Kagan joined. Justice Breyer filed an opinion concurring in part, dissenting in part, and dissenting from the judgment. Justice Sotomayor took no part in the consideration or decision of the case.
SCOTUSblog Coverage
- Opinion analysis: In the end, RJR prevails in European Community’s RICO lawsuit (Amy Howe, June 20, 2016)
- A “view” from the Courtroom: Vehicle problems (Mark Walsh, June 20, 2016)
- Argument analysis: Counting to four, not five, on RICO extraterritoriality (Amy Howe, March 21, 2016)
- Argument preview: Extraterritoriality and lawsuits under RICO (Amy Howe, March 15, 2016)
| Date | Proceedings and Orders |
|---|---|
| Jul 2 2015 | Application (15A24) to extend the time to file a petition for a writ of certiorari from July 12, 2015 to July 27, 2015, submitted to Justice Ginsburg. |
| Jul 6 2015 | Application (15A24) granted by Justice Ginsburg extending the time to file until July 27, 2015. |
| Jul 27 2015 | Petition for a writ of certiorari filed. (Response due August 31, 2015) |
| Aug 21 2015 | Brief of respondents The European Community, et al. in opposition filed. |
| Aug 31 2015 | Motion for leave to file amicus brief filed by Washington Legal Foundation. |
| Sep 9 2015 | DISTRIBUTED for Conference of September 28, 2015. |
| Sep 9 2015 | Reply of petitioners RJR Nabisco, Inc., et al. filed. (Distributed) |
| Oct 1 2015 | Motion for leave to file amicus brief filed by Washington Legal Foundation GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion. |
| Oct 1 2015 | Petition GRANTED. Justice Sotomayor took no part in the consideration or decision of this petition. |
| Nov 5 2015 | Motion to dispense with printing the joint appendix filed by petitioners RJR Nabisco, Inc., et al. |
| Nov 6 2015 | Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioners. |
| Nov 9 2015 | Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondents. |
| Nov 10 2015 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 1, 2015. |
| Nov 10 2015 | The time to file respondents' brief on the merits is extended to and including January 15, 2016. |
| Nov 25 2015 | Further extension of time within which to file the joint appendix and petitioners' brief on the merits to and including December 11, 2015. |
| Nov 25 2015 | Further extension of time within which to file respondents' brief on the merits to and including February 4, 2016. |
| Nov 30 2015 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion. |
| Dec 11 2015 | Brief of petitioners RJR Nabisco, Inc., et al. filed. |
| Dec 18 2015 | Brief amicus curiae of United States in support of vacatur filed. |
| Dec 18 2015 | Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed. |
| Dec 18 2015 | Brief amicus curiae of The National Foreign Trade Council filed. |
| Jan 29 2016 | SET FOR ARGUMENT ON Monday, March 21, 2016 |
| Feb 4 2016 | Brief of respondents The European Community, et al. filed. |
| Feb 8 2016 | Record requested from U.S.C.A. 2nd Circuit. |
| Feb 8 2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Feb 10 2016 | CIRCULATED. |
| Feb 10 2016 | Record received from U.S.C.A. 2nd Circuit is electronic. |
| Feb 11 2016 | Record from U.S.D.C. Eastern District of New York is electronic and located on PACER. Transcripts not available on PACER are electronic. |
| Feb 29 2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Sotomayor took no part in the consideration or decision of this motion. |
| Feb 29 2016 | Letter from counsel for the respondents regarding filing in the district court. (Distributed) |
| Mar 7 2016 | Reply of petitioners RJR Nabisco, Inc., et al. filed. (Distributed) |
| Mar 21 2016 | Argued. For petitioners: Gregory G. Katsas, Washington, D. C. For United States as amicus curiae in support of vacatur: Elaine J. Goldenberg, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: David C. Frederick, Washington, D. C. |
| Jun 20 2016 | Judgment REVERSED and case REMANDED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy and Thomas, JJ., joined, and in which Ginsburg, Breyer, and Kagan, JJ., joined as to Parts I, II, and III. Ginsburg, J., filed an opinion concurring in part, dissenting in part, and dissenting from the judgment, in which Breyer and Kagan, JJ., joined. Breyer, J., filed an opinion concurring in part, dissenting in part, and dissenting from the judgment. Sotomayor, J., took no part in the consideration or decision of the case. |
| Jul 22 2016 | JUDGMENT ISSUED |
