Norex Petroleum Ltd. v. Acess Industries, Inc.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Argued: February 4, 2009

POOLER, KATZMANN, Circuit Judges, and PRESKA, Chief District Judge.*fn1

The issue before us is whether a United States federal court can properly hear a claim under the Racketeer Influenced and Corrupt Organization Act (“RICO”), 18 U.S.C. § 1961 et seq.,arising from allegations of a conspiracy which primarily involves foreign actors and foreign acts. Applying the Supreme Court’s decision in Morrison v. National Australian Bank Ltd., 130 S.Ct. 2869 (2010), we hold that this issue is properly considered as a question of whether the complaint states a claim for which a United States federal court can provide relief, not as a question of whether the court possesses subject matter jurisdiction to hear the claim. Morrison also holds that absent an express intention by Congress of extraterritorial effect, a statute applies only domestically. Id. at 2877-78. As RICO “is silent as to any extraterritorial application,” North South Finance Corp. v. Al-Turki, 100 F.3d 1046, 1051 (2d Cir. 1996), we affirm the district court’s dismissal of plaintiff’s complaint, albeit on different grounds.

More From ALM

What are your legal peers thinking about AI? Are they comfortable using it? What are their biggest fears, and how are they approaching its regulation? Download this report, which illustrates the perspectives that will inform and offer you a competitive edge.

2024 Report: State of AI in Legal

Brought to you by Ironclad
Download Now

Unlock the secrets to mastering second request document review. This comprehensive blueprint provides actionable insights and best practices to ensure efficiency and compliance. Learn how to assemble the right team, leverage cutting-edge technology, and streamline workflows for optimal results. Access the article now to learn how to transform your document review process.

Blueprint for Successful Second Request Document Review

Brought to you by Integreon
Download Now

Unlock the secrets to boosting recruiting, productivity, and reducing turnover in 2024 with this guide. Learn the 3 R’s--Rethink, Reevaluate and Reprioritize --to enhance recruitment, productivity, and retention. Transform your workplace into a thriving environment where employees feel valued and motivated. Download the guide now and lead your firm to new heights.

Employee Happiness Playbook: The 3 R's for Business Success in 2024

Brought to you by Amazing Workplace, Inc.
Download Now

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

GlobeSt. Women of Influence (WOI) 2024

July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.

Learn More

New York Legal Awards 2024

September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

African Legal Awards 2024

September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

Paralegal/Legal Assistant

Eichen Crutchlow Zaslow LLP is a highly regarded legal firm based in Edison, New Jersey. The firm specializes in medical malpractice and per...

Apply Now ›

Associate Professor or Professor of Law

The George Washington University Law School invites applications for multiple tenure-track or tenured faculty appointments, at the rank of A...

Apply Now ›

Employment Attorneys Senior Counsel - Los Angeles, Ventura, California

Gordon Rees Scully Mansukhani has an immediate opening for experienced Employment Attorneys in its Los Angeles and Ventura offices. Candida...

Apply Now ›

Lawyers of Distinction

06/27/2024
The American Lawyer

Professional Announcement

View Announcement ›

SMGQ Law

06/21/2024
Daily Business Review

Full Page Announcement

View Announcement ›

Blume Forte Fried Zerres & Molinari

06/14/2024
New Jersey Law Journal

Professional Announcement

View Announcement ›

Norex Petroleum Ltd. v. Acess Industries, Inc.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Law.com