Supreme Court of the United States · Official docket →
Petrobras America, Incorporated v. Samsung Heavy Industries Company, Limited
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-20448 · judgment August 7, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1962 et seq., creates a civil action for “[a]ny person injured in his business or property by reason of” its predicate offenses. 18 U.S.C. § 1964(c). This Court has interpreted “by reason of” to require “some direct relation between the injury asserted and the injurious conduct alleged.” Bridge v. Phx. Bond & Indem. Co., 553 U.S. 639, 654 (2008). The questions presented are:
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What is the appropriate standard for assessing a direct relation between the injury asserted and the injurious conduct alleged under RICO?
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Can proximate cause under RICO be established when the defendant’s RICO violation harms a plaintiff who is not the specific target of the underlying criminal act?
Counsel of record
For petitioner
Jonathan Joseph Walsh
Curtis, Mallet-Prevost, Colt & Mosle LLP
For respondent
Christopher M. Odell
Arnold & Porter Kaye Scholer, LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 13 2025Petition DENIED.
- Dec 18 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 10 2024Waiver of right of respondent Samsung Heavy Industries Co., Ltd. to respond filed.
- Dec 05 2024Petition for a writ of certiorari filed. (Response due January 8, 2025)