The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.
Under Yegiazaryan v. Smagin (2023) 143 S.Ct. 1900, the proper test for whether a plaintiff sufficiently alleges a domestic injury to sustain a RICO claim is whether the circumstances, including the nature of the alleged injury, the racketeering activity that directly caused it, and the injurious aims and effects of that activity, show that the injury arose in the US. … Read More
While RICO does not apply extra-territorially, in deciding whether the complaint alleges a domestic injury sufficient to invoke RICO, the court must engage in a fact- or allegation-specific inquiry to determine whether the plaintiff's injury arose in the United States, even if the plaintiff is not a US-resident. Here, the complaint adequately alleged injury arising fom US-based conduct in hiding… Read More
Plaintiff, a Russian citizen residing in Russia, obtained an arbitration award against defendant, a Russian citizen residing in California. Plaintiff domesticated the arbitration award, securing a judgment against defendant in a federal district court in California so that plaintiff could execute on defendant's California assets. Thereafter, defendant engaged in a series of complex domestic and foreign efforts to shelter his… Read More
