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Second Circuit Review: Court Determines What Constitutes a ‘Domestic Injury’ in Wake of ‘RJR Nabisco’

December 27, 2017 read the article

Litigation partners Marty Flumenbaum and Brad Karp’s latest Second Circuit Review column, “Court Determines What Constitutes a ‘Domestic Injury’ in Wake of ‘RJR Nabisco,’” was published in the December 27 issue of the New York Law Journal. The authors discuss Bascuñán v. Elsaca, an instance of first impression in which the Second Circuit created a broad rule for what constitutes a “domestic injury” under RICO’s civil statute; the Supreme Court had left the question open in RJR Nabisco v. European Community. The Second Circuit held that factors beyond the plaintiff’s place of residence, such as where the alleged conduct occurred, must be considered. Litigation associate Hannah Goldman assisted in the preparation of this article.

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