Availability Of RICO Claims To Foreign Holders Of Arbitral Awards - Personal Injury - United States

[Gunnar Larson]

https://www.mondaq.com/unitedstates/personal-injury/1282218/availability-of-rico-claims-to-foreign-holders-of-arbitral-awards

The Third Circuit weighed in several months later. In a case involving an
alleged RICO enterprise to bribe foreign officials and harm the plaintiff's
business interests, including its goodwill and reputation, the Third
Circuit rejected the Seventh Circuit's residence-based approach. It instead
determined that "whether an alleged injury to an intangible interest was
suffered domestically is a particularly fact-sensitive question requiring
consideration of multiple factors"4 and outlined several such factors.
Because harm to the foreign-plaintiff's business occurred mainly abroad,
the Third Circuit determined the foreign-plaintiff had not suffered a
domestic injury.
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