On June 22, 2023, the Supreme Court affirmed a Ninth Circuit ruling about what constitutes a “domestic injury” under the Racketeer Influenced and Corrupt Organizations Act (RICO). The decision was a setback for WLF, which filed an amicus brief urging reversal in the case. WLF argued that allowing foreign plaintiffs to “domesticate” foreign injuries by simply confirming foreign awards in the United States as the basis for civil RICO claims would amplify the burden on the federal courts, impose higher litigation costs on multi-national businesses, and force defendants into coercive settlements. Six members of the Court disagreed, holding that a plaintiff alleges a domestic injury under civil RICO when the “circumstances surrounding the injury indicate it arose in the United States.” Applying this case-by-case inquiry here, the Court held that RICO’s domestic-injury requirement had been satisfied.
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