No. 19-176

R. David Weisskopf v. Jewish Agency for Israel, et al.

Lower Court: Second Circuit
Docketed: 2019-08-08
Status: Denied
Type: Paid
Response Waived
Tags: aiding-abetting aiding-and-abetting anti-filing-injunction circuit-split civil-rights domestic-injury extortion extraterritorial hobbs-act mail-fraud rico rico-act
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Whether the appellate court below erroneously held, in conflict with the decisions of this Court, and in a three-way split with the Third Circuit and Seventh Circuit, that the Plaintiff's 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

Question Presented (OCR Extract)

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 US. 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 plaintiff’s 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 Plaintiff's 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.

Docket Entries

2019-10-15
Petition DENIED.
2019-09-25
DISTRIBUTED for Conference of 10/11/2019.
2019-08-19
Waiver of right of respondents Tzipi Livni, et al. to respond filed.
2019-06-24
Petition for a writ of certiorari filed. (Response due September 9, 2019)

Attorneys

R. David Weisskopf
R. David Weisskopf — Petitioner
R. David Weisskopf — Petitioner
Tzipi Livni, et al.
Robert Reeves AndersonArnold & Porter Kaye Scholer LLP, Respondent
Robert Reeves AndersonArnold & Porter Kaye Scholer LLP, Respondent