RJR Nabisco, Inc. v. The European Community
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 15-138 | Mar 21, 2016 | Apr 28, 2025 | 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 April 28, 2025. 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
- A view from the Courtroom: Vehicle problems (Mark Walsh, June 20, 2016)
- Opinion analysis: In the end, RJR prevails in European Communitys RICO lawsuit (Amy Howe, June 20, 2016)
- Argument analysis: Counting to four, not five, on RICO extraterritoriality (Amy Howe, March 22, 2016)
- Argument preview: Extraterritoriality and lawsuits under RICO (Amy Howe, March 15, 2016)
| Date | Proceedings and Orders |
|---|---|
| 07/02/2015 | 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. |
| 07/06/2015 | Application (15A24) granted by Justice Ginsburg extending the time to file until July 27, 2015. |
| 07/27/2015 | Petition for a writ of certiorari filed. (Response due August 31, 2015) |
| 08/21/2015 | Brief of respondents The European Community, et al. in opposition filed. |
| 08/31/2015 | Motion for leave to file amicus brief filed by Washington Legal Foundation. |
| 09/09/2015 | DISTRIBUTED for Conference of September 28, 2015. |
| 09/09/2015 | Reply of petitioners RJR Nabisco, Inc., et al. filed. (Distributed) |
| 10/01/2015 | 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. |
| 10/01/2015 | Petition GRANTED. Justice Sotomayor took no part in the consideration or decision of this petition. |
| 11/05/2015 | Motion to dispense with printing the joint appendix filed by petitioners RJR Nabisco, Inc., et al. |
| 11/06/2015 | Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the petitioners. |
| 11/09/2015 | Consent to the filing of amicus curiae briefs in support of either party or neither party received from counsel for the respondents. |
| 11/10/2015 | The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 1, 2015. |
| 11/10/2015 | The time to file respondents' brief on the merits is extended to and including January 15, 2016. |
| 11/25/2015 | Further extension of time within which to file the joint appendix and petitioners' brief on the merits to and including December 11, 2015. |
| 11/25/2015 | Further extension of time within which to file respondents' brief on the merits to and including February 4, 2016. |
| 11/30/2015 | 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. |
| 12/11/2015 | Brief of petitioners RJR Nabisco, Inc., et al. filed. |
| 12/18/2015 | Brief amicus curiae of United States in support of vacatur filed. |
| 12/18/2015 | Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed. |
| 12/18/2015 | Brief amicus curiae of The National Foreign Trade Council filed. |
| 01/29/2016 | SET FOR ARGUMENT ON Monday, March 21, 2016 |
| 02/04/2016 | Brief of respondents The European Community, et al. filed. |
| 02/08/2016 | Record requested from U.S.C.A. 2nd Circuit. |
| 02/08/2016 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 02/10/2016 | CIRCULATED. |
| 02/10/2016 | Record received from U.S.C.A. 2nd Circuit is electronic. |
| 02/11/2016 | Record from U.S.D.C. Eastern District of New York is electronic and located on PACER. Transcripts not available on PACER are electronic. |
| 02/29/2016 | 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. |
| 02/29/2016 | Letter from counsel for the respondents regarding filing in the district court. (Distributed) |
| 03/07/2016 | Reply of petitioners RJR Nabisco, Inc., et al. filed. (Distributed) |
| 03/21/2016 | 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. |
| 06/20/2016 | 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. |
| 07/22/2016 | JUDGMENT ISSUED |