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EUROPEAN COMMUNITY v. RJR NABISCO, INC.

Docket No. 11-2475-cv.

764 F.3d 149 (2014)

EUROPEAN COMMUNITY, acting on its own behalf and on behalf of the Member States it has power to represent, Kingdom of Belgium, Republic of Finland, French Republic, Hellenic Republic, Federal Republic of Germany, Italian Republic, Grand Duchy of Luxembourg, Kingdom of the Netherlands, Portuguese Republic, Kingdom of Spain, Individually, Kingdom of Denmark, Czech Republic, Republic of Lithuania, Republic of Slovenia, Republic of Malta, Republic of Hungary, Republic of Ireland, Republic of Estonia, Republic of Bulgaria, Republic of Latvia, Republic of Poland, Republic of Austria, Kingdom of Sweden, Republic of Cyprus, Slovak Republic, and Romania, Plaintiffs-Appellants, v. RJR NABISCO, INC., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco International, Inc., RJR Acquisition Corp., f/k/a Nabisco Group Holdings Corp., RJR Nabisco Holdings Corp., R.J. Reynolds Tobacco Holdings, Inc., Nabisco Group Holdings Corp., R.J. Reynolds Global Products, Inc., Reynolds American Inc., R.J. Reynolds Tobacco Company, a North Carolina Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Petition for Rehearing Decided: August 20, 2014.

Attorney(s) appearing for the Case

John J. Halloran, Jr. , Speiser, Krause, Nolan & Granito, New York, N.Y. ( Kevin A. Malone , Carlos A. Acevedo , Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee, P.A., Fort Lauderdale, Fla., on the brief), for Plaintiffs-Appellants.

Gregory G. Katsas , Jones Day, Washington, D.C. ( David M. Cooper , Mark R. Seiden , Jones Day, New York, N.Y., on the brief), for Defendants-Appellees.

Lewis S. Yelin , Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, D.C. ( Harold Hongju Koh , Legal Advisor, Department of State, Washington, D.C.; Tony West , Assistant Attorney General, Civil Division, Department of Justice, Washington, D.C.; Loretta E. Lynch , United States Attorney for the Eastern District of New York, New York, N.Y.; Douglas N. Letter , Attorney, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., on the brief), for Amicus Curiae United States of America in support of neither party.

Before: LEVAL, SACK, and HALL, Circuit Judges.

PER CURIAM:

In their petition for panel and en banc rehearing, the defendants-appellees (collectively, "RJR") contend, among other things, that the Racketeer Influenced and Corrupt Organizations (RICO) statute, 18 U.S.C. § 1961 et seq., requires private plaintiffs to allege a domestic injury, and that this requirement offers an independent basis upon which to dismiss the complaints in this action to the extent that they fail to allege such injuries...

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