X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Martin Flumenbaum and Brad S. Karp

In an instance of first impression for any U.S. Court of Appeals, the Second Circuit, in Bascuñán v. Elsaca, 874 F.3d 806 (2d Cir. 2017), created a broad rule for what constitutes a “domestic injury” under §1964(c) of the Racketeer Influenced and Corrupt Organizations Act (RICO), the “civil RICO” statute. In RJR Nabisco v. European Community, 136 S. Ct. 2090 (2016), the Supreme Court had held that private right of actions pursuant to §1964(c) do not apply extraterritorially, but rather, require a domestic injury. Id. at 2095; see also 18 U.S.C. §1964(c). The Supreme Court, however, left open what it means for an injury to be “domestic.” RJR Nabisco, 136 S. Ct. at 2093. In Bascuñán v. Elsaca, the Second Circuit finally addressed that question in an opinion written by Circuit Judge José Cabranes, joined by Circuit Judge Debra Ann Livingston and District Judge Willian H. Pauley III, sitting by designation. The court ultimately held that a plaintiff’s place of residence may not be the sole factor in determining whether an injury is “domestic,” and mandated that a broader range of factors must be considered, including where the alleged conduct occurred and where the plaintiff’s business or property was located.

This premium content is locked for
New York Law Journal subscribers only.

  • Subscribe now to enjoy unlimited access to New York Law Journal content,
  • 5 free articles* across the ALM Network every 30 days,
  • Exclusive access to other free ALM publications
  • And exclusive discounts on ALM events and publications.

*May exclude premium content
Already have an account?
Interested in customizing your subscription with Law.com All Access?
Contact our Sales Professionals at 1-855-808-4530 or send an email to groupsales@alm.com to learn more.

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.