The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
Organized crime, from the mafia to small-time money laundering schemes, often evades criminal prosecution. To bolster efforts to fight organized crime, Congress passed the Racketeer Influenced and Corrupt Organizations Act, known as RICO, more than 50 years ago.
In addition to the criminal penalties for violating RICO, the law also authorizes private individuals to bring civil lawsuits for an injury to their “business or property” as a result of the defendant’s “racketeering activity,” which the law defines broadly to include a wide range of criminal offenses.
This week, we highlight petitions that ask the court to consider, among other things, whether someone can sue under RICO to recover lost earnings.
Marketed as “a revolution in medicinal hemp-powered wellness,” Dixie X is a CBD supplement that claims to offer a variety of health benefits. After learning about Dixie X in a magazine, Douglas Horn began using the supplement in 2012 to soothe pain and inflammation from a car accident. Although the ad claimed that the supplement does not contain any THC (the active ingredient in marijuana),
RESTORE YOUR SECOND AMENDMENT RIGHTS
RESTORE YOUR PROFESSIONAL LICENSE
RESTORE YOUR DRIVER LICENSE
RESTORE YOUR PAST (Expungements)
Call our Office for a free case evaluation
Komorn Law (248) 357-2550
Professional License Restoration / Rights Restoration / Record Expungments / Driver License Restoration
Satisfied, Horn began using Dixie X. Shortly after, he failed a random drug test at work and was fired. Suspecting the supplement, Horn sent a batch to an independent lab, which found that the product contained THC.
Horn went to federal court in New York, arguing that the company that sold Dixie X, Medical Marijuana, Inc. – which, despite its name, deals only in hemp-based CBD products – was responsible for his termination. Part of his lawsuit alleged violations of state law, including a claim that he was fraudulently induced to purchase the supplement while unaware of its risks. But Horn also argued that the company injured his “business or property” under RICO by conspiring to commit federal mail and wire fraud that resulted in the loss of his salary.
In Medical Marijuana, Inc. v. Horn, the maker of Dixie X asks the justices to grant review and reverse the 2nd Circuit’s ruling. The company argues that economic harm stemming from a personal injury has no business, so to speak, under RICO. “If quintessential personal injuries count as injuries to ‘business or property’ just because economic damage inevitably results,” the company writes, “Congress’ careful limitation on civil RICO claims would be toothless.”
Read the Rest here at ScotusBlog
Komorn Law – Federal Courts and All Michigan Courts
A list of this week’s featured petitions is below:
Yim v. City of Seattle, Washington
23-329
Issue: Whether Seattle’s restriction on private owners’ right to exclude potentially dangerous tenants from their property violates the 14th Amendment’s due process clause.
Amer v. New Jersey
23-351
Issues: (1) Whether a defendant is always “unable to stand trial” under Article VI(a) of the Interstate Agreement on Detainers while a pretrial motion is pending; and (2) whether a defendant has been “brought to trial” within 180 days of his request for final disposition of charges under Article III(a) of the agreement at the point when jury selection begins.
Medical Marijuana, Inc. v. Horn
23-365
Issue: Whether economic harms resulting from personal injuries are injuries to “business or property by reason of” the defendant’s acts for purposes of a civil treble-damages action under the Racketeer Influenced and Corrupt Organizations Act.
Bhattacharya v. State Bank of India
23-390
Issue: Whether, to establish a “direct effect in the United States” under 28 U.S.C. § 1605(a)(2), a plaintiff must make an extratextual showing that either the sovereign engaged in a U.S.-based “legally significant act,” or that the U.S. effects were “legally significant” in addition to being direct.
More Posts
A historic cannabis shift is one of the latest election year moves
AP StoryPresident Joe Biden may potentially ban TikTok, but he aims to offer young individuals, who largely influence this widely-used social media platform, a more lenient government regulation regarding marijuana. Facing a decline in support from an important...
New rule mandates time and a half pay for lower paid employees
Qualified lower-paid workers who earn a salary but work more than 40 hours in a week will soon be entitled to guaranteed time-and-a-half pay, thanks to a new labor rule announced by the Biden-Harris administration. This rule will raise the salary thresholds necessary...
People v Williams Michigan COA – Police CPL Check
People v WilliamsMichigan Court of AppealsNo 365299 (04/18/24) MCL 28.425f permits a police officer to ask a person observed to be carrying a concealed weapon to produce their concealed pistol license (CPL) at any time and for any reason. Makes possession of a...
Underage Workers in Factories Spark Fines, Investigations, and Legislation
A New York Times report exposed widespread child labor in a Michigan factory, prompting state and federal authorities to take action. The report focused on a Hearthside Food Solutions plant in Kentwood, alleging the presence of numerous underage workers. Michigan's...
Understanding Domestic Violence Laws in Michigan
Understanding Domestic Violence Laws in MichiganDomestic violence is a serious issue that can affect anyone, regardless of age, income, or background. If you are experiencing domestic violence in Michigan, it's important to know your rights and the laws that protect...
Macomb Prosecutor issues first charges under new safe storage law
Understanding Domestic Violence Laws in MichiganMacomb County Prosecutor Peter Lucido has filed the first charges under Michigan's new safe storage law following a critical accident in Warren. An 8-year-old boy allegedly accessed an unsecured firearm and shot himself...
Marijuana grow busted as feds investigations trend in more states
The DEA is investigating international criminal organizations that are operating illegal marijuana grows in about 20 states, including Maine.The significant electricity usage in a residence, its windows concealed with cardboard, and the scent of marijuana caught the...
A visit with a kick
POW - Right in the Kisser. Businesses watch out for the lawA Pennsylvania-based convenience store chain was hit with a lawsuit by the Biden administration at the same time the president stopped by one of their locations on the campaign trail. Sheetz is being accused...
Woman tried to board flight with 56 pounds of marijuana
Woman allowed airport police to check her luggage, had name tag on bags, according to reportsBefore a 21-year-old Memphis woman could board an United Airlines flight, Memphis International Airport Police found 56 pounds of marijuana in her luggage, according to...
You’re too stupid to store a gun properly
The Biden administration once again defends a ban in federal court, arguing that people who use marijuana should be prohibited from purchasing or possessing firearms. They claim that this restriction is supported by historical precedent and that individuals who...