| Litigants: | RJR Nabisco, Inc. v. European Community |
| Arguedate: | March 21 |
| Argueyear: | 2016 |
| Decidedate: | June 20 |
| Decideyear: | 2016 |
| Fullname: | RJR Nabisco, Inc., et al. v. European Community et al. |
| Docket: | 15-138 |
| Usvol: | 579 |
| Uspage: | ___ |
| Parallelcitations: | 136 S. Ct. 2090; 195 L. Ed. 2d 476 |
| Holding: | A violation of 18 U.S.C. ยง 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. |
| Majority: | Alito |
| Joinmajority: | Roberts, Kennedy, Thomas; Ginsburg, Breyer, Kagan (Parts I, II, and III) |
| Concurrence/Dissent: | Ginsburg |
| Joinconcurrence/Dissent: | Breyer, Kagan |
| Concurrence/Dissent2: | Breyer |
| Notparticipating: | Sotomayor |
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]
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.