Deciphering RJR Nabisco's 'Domestic Injury' Requirement


Rob Reznick, David Goldstein and Logan Dwyer co-authored an article for Law360 that reviews the U.S. Supreme Court’s articulation of the “domestic injury” requirement in RJR Nabisco v. European Union. Since the Supreme Court ruling came down six months ago, several district courts have tried to determine whether a plaintiff has pleaded a “domestic injury.” They have employed dramatically different analyses, none of which seemingly is consistent with RJR Nabisco itself. This article examines the requirement, what courts have made of it, and where they have gone wrong.