RICO Action Dismissal Affirmed
In Norex Petro. Ltd. v. Access Indus., Inc., No. 07-4553, a RICO action alleging various injuries to plaintiff arising from the activities of defendants' alleged international criminal enterprise, the court affirmed the dismissal of the complaint where 1) the question of the justiciability of the RICO claims is properly one of whether the complaint adequately states a claim for relief; and 2) because the RICO statute lacked a clear statement of extraterritorial reach, plaintiff's claims are barred.
As the court wrote: "The issue before us is whether a United States federal court can properly hear a claim under the Racketeer Influenced and Corrupt Organization Act ("RICO"), 18 U.S.C. § 1961 et seq., arising from allegations of a conspiracy which primarily involves foreign actors and foreign acts. Applying the Supreme Court's decision in Morrison v. National Australian Bank Ltd., 130 S. Ct. 2869 (2010), we hold that this issue is properly considered as a question of whether the complaint states a claim for which a United States federal court can provide relief, not as a question of whether the court possesses subject matter jurisdiction to hear the claim."
- Read the Second Circuit's Decision in Norex Petro. Ltd. v. Access Indus., Inc., No. 07-4553