Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP

Robbins Russell Wins Major Victory for British American Tobacco in Government RICO Case Against Tobacco Industry

March 28, 2011

On March 28, 2011, Judge Kessler granted British American Tobacco’s motion for reconsideration, holding that “the sole basis for BATCo’s liability” under RICO in this long-running, massive case had been invalidated by the Supreme Court’s decision in Morrison v. National Australia Bank Ltd., 130 S. Ct. 2869 (2010), which involved the extraterritorial reach of the securities laws.  The Court agreed with BATCo that the Supreme Court’s rejection of the "effects" test in the securities context applies with equal force to RICO, and rejected multiple arguments by the United States for why BATCo’s liability in this litigation could be upheld notwithstanding Morrison.

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Click here to read Robbins Russell's Motion

Click here to read Robbins Russell's Reply