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Norex Petroleum Ltd. v. Acess Industries, Inc.

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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.

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