Legal Opinion

European Community v. RJR Nabisco, Inc.

Court of Appeals for the Second Circuit

Decided September 13, 2005No. Docket No. 02-7325(L), 02-7330(CON), 02-7323PublishedCited by 10 opinions

1Opinion of the Court

SOTOMAYOR, Circuit Judge.

This matter returns to us following a remand by the Supreme Court. See European Cmty. v. RJR Nabisco, Inc., 355 F.3d 123 (2d Cir.2004) (“EC I”), vacated and remanded by European Cmty. v. RJR Nabisco, — U.S. -, 125 S.Ct. 1968, 161 L.Ed.2d 845 (2005). Our previous decision held that civil suits brought by foreign sovereigns under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968 (“RICO”), to recover law enforcement costs and tax revenue lost to smuggling are barred by the revenue rule, under which United States courts generally may not…

2Cases cited8 opinions

  1. Pasquantino v. United StatesSupreme Court of the United States · 2005
  2. United States v. Linwood WilkersonCourt of Appeals for the Second Circuit · 2004
  3. Union of Needletrades, Industrial and Textile Employees, Afl-Cio, Clc v. United States Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2003
  4. Attorney General of Canada v. R.J. Reynolds Tobacco Holdings, Inc.Court of Appeals for the Second Circuit · 2001
  5. United States v. TrapiloCourt of Appeals for the Second Circuit · 1997

3 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. RJR Nabisco, Inc. v. European Cmty.Supreme Court of the United States · 2016
  2. Brennan Center for Justice v. United States Department of JusticeCourt of Appeals for the Second Circuit · 2012
  3. Doscher v. Sea Port Group Securities, LLCCourt of Appeals for the Second Circuit · 2016
  4. RJR Nabisco, Inc. v. European CommunitySupreme Court of the United States · 2016
  5. Jian Hui Shao v. Board of Immigration AppealsCourt of Appeals for the Second Circuit · 2006

5 more not listed; retrieve them via the Exa API.

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