“this case has the United States written all over it.”
The Supreme Court's decision not to let the European Community sue RJ Reynolds under RICO act was announced yesterday. The ruling is in line with the presumption against extraterritoriality of U.S. law unless Congress was explicit about such provision. Although parts of the law were found to have extraterritorial provision, the Court decided that the EC would have had to feel the effects of the acts (injuries) in the U.S. So though the conduct was planned in the U.S., the effects of it are rendered invisible to the state. Ruth Bader Ginsburg, dissenting, wrote that “All defendants are U.S. corporations, headquartered in the United States, charged with a pattern of racketeering activity directed and managed from the United States, involving conduct occurring in the United States.” “In short,” she closed, “this case has the United States written all over it.” full story on the decision here: Amy Howe, Opinion analysis: In the end, RJR prevails in European Community’s RICO ...