United States:
Deciphering RJR Nabisco's 'Domestic Injury' Requirement
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Rob Reznick, David Goldstein
and Logan Dwyer co-authored an article for
Law360 that reviews the U.S. Supreme Court's
articulation of the "domestic injury" requirement in
RJR Nabisco v. European Union. Since the Supreme Court
ruling came down six months ago, several district courts have tried
to determine whether a plaintiff has pleaded a "domestic
injury." They have employed dramatically different analyses,
none of which seemingly is consistent with RJR Nabisco
itself. This article examines the requirement, what courts have
made of it, and where they have gone wrong.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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