Supreme Court of the United States · Official docket →
R. David Weisskopf v. Jewish Agency for Israel, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 18-244, 18-246 · judgment March 27, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Congress enacted the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-1968 and the Hobbs Act, 18 U.S.C. § 1951 to protect civilians from collections of unlawful debts, including extortion and fraudulent activities, by criminal enterprises. In Sedima S.P.R.L. v. Imrex Corp (1985) this Court held that a plaintiff can bring a private cause of action for racketeering patterns, specifically including wire and mail fraud. In Nabisco vs. European Community (2016) this Court further clarified that RICO applies extraterritorially for private civil claims to domestic damages to business and property in the United States. In Humphrey v. GlaxoSmithKline PLC,_F.3d _, 2018 U.S. App. Lexis 27433 (3d Cir. Sept. 26, 2018) the Third Circuit applied domestic injury to the location of the property. Meanwhile, in Armada (Singapore) PTE Ltd. v. Amcol International, 885 F.3d 1090 (7th Cir. 2018) the Seventh Circuit applied domestic injury to the location of the plaintiffs residence. In the instant case, the Second Circuit created a three-way circuit split by focusing on where the injury (predicate act) originated. The question presented is: Whether the appellate court below erroneously held, in conflict with the decisions of this Court, and in a threeway split with the Third Circuit and Seventh Circuit, that the Plaintiffs injury to business and property in the United States resulting from RICO violations including extortion, mail fraud, and aiding & abetting is insufficient to satisfy the domestic injury requirement.
Counsel of record
For petitioner
R. David Weisskopf
For respondent
Robert Reeves Anderson
Arnold & Porter Kaye Scholer LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 15 2019Petition DENIED.
- Sep 25 2019DISTRIBUTED for Conference of 10/11/2019.
- Aug 19 2019Waiver of right of respondents Tzipi Livni, et al. to respond filed.
- Aug 12 2019Waiver of Tzipi Livni, Shmuel Chamdani, Na’ama Talman Boltin, Miriam Darmony Yazdi, Einat Gilead-Meshulam, Tomer Moskowitz, Calanit Shapira Bergman, Noa Regev, Alona Sadeh, Zeev Gabay, Ariel Lenga, Orit Avigail Yahalomi, and Michael Duwani Bahiri of right to respond not accepted for filing. (August 20, 2019)
- Jun 24 2019Petition for a writ of certiorari filed. (Response due September 9, 2019)