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ARTICLE · 23 DECEMBER 2010

Second Circuit Clarifies Holding on Extraterritorial Application of RICO Claims

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The US Supreme Court’s reasoning in "Morrison v. National Australia Bank Ltd." concerning extraterritorial jurisdiction has been used in at least two recent cases to limit private RICO claims.

United StatesLitigation, Mediation & Arbitration
Joseph De Simone
Joseph De Simone
Domenic Cervoni
Domenic Cervoni
John Tharp, Jr.
John Tharp, Jr.
S. Christopher Provenzano
S. Christopher Provenzano
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Originally published December 22, 2010

Keywords: Second Circuit, extraterritorial application, RICO claims, Norex, Access Indus, Morrison, National Australia Bank

The US Supreme Court's reasoning in Morrison v. National Australia Bank Ltd. concerning extraterritorial jurisdiction has been used in at least two recent cases to limit private RICO claims.1 In one of those actions, Norex Petroleum Ltd. v. Access Indus. Inc., the US Court of Appeals for the Second Circuit affirmed the dismissal of a private civil RICO claim brought by a foreign plaintiff against foreign defendants in a US court based on the Supreme Court's reasoning in Morrison. Drawing on the presumption against extraterritoriality expressed in Morrison, the Second Circuit held that, because RICO is silent as to its extraterritorial application, it has none.

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