RJR Nabisco, Inc. v. European Community

Last updated

RJR Nabisco, Inc. v. European Community
Seal of the United States Supreme Court.svg
Argued March 21, 2016
Decided June 20, 2016
Full case nameRJR Nabisco, Inc., et al. v. European Community et al.
Docket no. 15-138
Citations579 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
MajorityAlito, joined by Roberts, Kennedy, Thomas; Ginsburg, Breyer, Kagan (Parts I, II, and III)
Concur/dissentGinsburg, joined by Breyer, Kagan
Concur/dissentBreyer
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]

Contents

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.

See also

Related Research Articles

<span class="mw-page-title-main">R. J. Reynolds Tobacco Company</span> American tobacco manufacturing company

The R. J. Reynolds Tobacco Company (RJR) is an American tobacco manufacturing company based in Winston-Salem, North Carolina, and headquartered at the RJR Plaza Building. Founded by R. J. Reynolds in 1875, it is the second-largest tobacco company in the United States. The company is a wholly owned subsidiary of Reynolds American, after merging with the U.S. operations of British American Tobacco in 2004.

<span class="mw-page-title-main">Nabisco</span> American snack company

Nabisco is an American manufacturer of cookies and snacks headquartered in East Hanover, New Jersey. The company is a subsidiary of Illinois-based Mondelēz International.

<span class="mw-page-title-main">Child Online Protection Act</span> Former U.S. law to protect minors from certain material on the Internet

The Child Online Protection Act (COPA) was a law in the United States of America, passed in 1998 with the declared purpose of restricting access by minors to any material defined as harmful to such minors on the Internet. The law, however, never took effect, as three separate rounds of litigation led to a permanent injunction against the law in 2009.

<span class="mw-page-title-main">RJR Nabisco</span> U.S. consumer staples company (1985–1999)

R. J. Reynolds Nabisco, Inc., doing business as RJR Nabisco, was an American conglomerate, selling tobacco and food products, headquartered in the Calyon Building in Midtown Manhattan, New York City. R. J. Reynolds Nabisco stopped operating as a single entity in 1999. Both RJR and Nabisco still exist.

The Insular Cases are a series of opinions by the Supreme Court of the United States in 1901 about the status of U.S. territories acquired in the Spanish–American War. Some scholars also include cases regarding territorial status decided up until 1914, and others include related cases as late as 1979. The term "insular" signifies that the territories were islands administered by the War Department's Bureau of Insular Affairs. Today, the categorizations and implications put forth by the Insular Cases still govern the United States' territories.

<span class="mw-page-title-main">Laurence Tribe</span> American lawyer and Harvard Law School professor

Laurence Henry Tribe is an American legal scholar who is a University Professor Emeritus at Harvard University. He previously served as the Carl M. Loeb University Professor at Harvard Law School.

A consent decree is an agreement or settlement that resolves a dispute between two parties without admission of guilt or liability. Most often it is such a type of settlement in the United States. The plaintiff and the defendant ask the court to enter into their agreement, and the court maintains supervision over the implementation of the decree in monetary exchanges or restructured interactions between parties. It is similar to and sometimes referred to as an antitrust decree, stipulated judgment, or consent judgment. Consent decrees are frequently used by federal courts to ensure that businesses and industries adhere to regulatory laws in areas such as antitrust law, employment discrimination, and environmental regulation.

Missouri v. Holland, 252 U.S. 416 (1920) is a United States Supreme Court case concerning the extent to which international legal obligations are incorporated into federal law under the United States Constitution.

Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, 435 U.S. 519 (1978), is a case in which the United States Supreme Court held that a court cannot impose rulemaking procedures on a federal government agency. The federal Administrative Procedure Act of 1946 and an agency's statutory mandate from Congress establish the maximum requirements for an agency's rulemaking process. An agency may grant additional procedural rights in the regulatory process. However, a reviewing court cannot "impose upon the agency its own notion of which procedures are 'best' or most likely to further some vague, undefined public good"; to do so would exceed the limits of judicial review of agency action.

<span class="mw-page-title-main">Diane S. Sykes</span> American judge (born 1957)

Diane Schwerm Sykes is an American jurist and lawyer who serves as the chief judge of the U.S. Court of Appeals for the Seventh Circuit. She served as a justice of the Wisconsin Supreme Court from 1999 to 2004.

Scheidler v. National Organization for Women, 547 U.S. 9 (2006), was a lengthy and high-profile U.S. legal case interpreting and applying the federal Racketeer Influenced and Corrupt Organizations Act (RICO): a law originally drafted to combat the mafia and organized crime, the Hobbs Act: an anti-extortion law prohibiting interference with commerce by violence or threat of violence, and the Travel Act: a law prohibiting interstate travel in support of racketeering.

<span class="mw-page-title-main">Charles Nesson</span> American lawyer (born 1939)

Charles Rothwell Nesson is an American legal scholar. He is the William F. Weld Professor of Law at Harvard Law School and the founder of the Berkman Center for Internet & Society and of the Global Poker Strategic Thinking Society. He is the author of Evidence, with Murray and Green, and has participated in several cases before the U.S. Supreme Court, including the landmark case Daubert v. Merrell Dow Pharmaceuticals.

<span class="mw-page-title-main">Neil Gorsuch</span> US Supreme Court justice since 2017 (born 1967)

Neil McGill Gorsuch is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on January 31, 2017, and has served since April 10, 2017.

<span class="mw-page-title-main">Marc Rotenberg</span> American lawyer

Marc Rotenberg is president and founder of the Center for AI and Digital Policy, an independent non-profit organization, incorporated in Washington, D.C. Rotenberg is the editor of The AI Policy Sourcebook, a member of the OECD Expert Group on AI, and helped draft the Universal Guidelines for AI. He teaches the GDPR and privacy law at Georgetown Law and is coauthor of Privacy Law and Society and The Privacy Law Sourcebook (2020). Rotenberg is a founding board member and former chair of the Public Interest Registry, which manages the .ORG domain.

<span class="mw-page-title-main">Ketanji Brown Jackson</span> US Supreme Court justice since 2022 (born 1970)

Ketanji Onyika Brown Jackson is an American lawyer and jurist who is an associate justice of the Supreme Court of the United States. Jackson was nominated to the Supreme Court by President Joe Biden on February 25, 2022, and confirmed by the U.S. Senate and sworn into office that same year. She is the first black woman and the first former federal public defender to serve on the Supreme Court. From 2021 to 2022, Jackson was a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit.

United States v. Alvarez, 567 U.S. 709 (2012), is a landmark decision in which the Supreme Court of the United States ruled that the Stolen Valor Act of 2005 was unconstitutional. The Stolen Valor Act of 2005 was a federal law that criminalized false statements about having a military medal. It had been passed by Congress as an effort to stem instances where people falsely claimed to have earned the medal in an attempt to protect the valor of legitimate recipients. A 6–3 majority of the Supreme Court agreed that the law was unconstitutional and violated the free speech protections under the First Amendment. Despite reaffirming the opinion that was previously issued by the Ninth Circuit, it could not agree on a single rationale. Four justices concluded that a statement's falsity is not enough, by itself, to exclude speech from First Amendment protection. Another two justices concluded that while false statements were entitled to some protection, the Stolen Valor Act of 2005 was invalid because it could have achieved its objectives in less restrictive ways.

Yegiazaryan v. Smagin, 599 U.S. 533 (2023), was a United States Supreme Court case. The Court decided how the Racketeer Influenced and Corrupt Organizations Act applied to extraterritorial claims of damage to intangible property.

References

  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.