By Robert Reznick ( November 3, 2017, 12:58 PM EDT) -- On Oct. 30, 2017, the Second Circuit issued its opinion in Bascuñán v. Elsaca,[1] becoming the first court of appeals to address the requirement that a private claim under the Racketeer Influenced and Corrupt Organizations Act must be based on a "domestic" injury to the plaintiff's business or property. That requirement emerged with little explanation of its meaning from the U.S. Supreme Court's 2016 decision in RJR Nabisco,[2] and in the 16 months since that decision was issued, district courts have failed to reach a consensus as to how the geographic location of an injury should be determined in RICO cases having cross-border facts. The Second Circuit's decision addresses the issue with two main holdings....
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