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
The Intoxilyzer 9000 (part 1)
The Intoxilyzer 9000 (part 1 of 2)Roll-Out The Michigan State Police (MSP) initiated Intoxilyzer 9000 (Intoxilyzer) training for police officers statewide, commencing in 2023. In order to participate, officers were required to complete both preliminary breath test...
The Intoxilyzer 9000 (part 2)
The Intoxilyzer 9000 (part 2 of 2)Using it The Intoxilyzer is user-friendly and equipped with a built-in feature to alert officers of any potential issues. As a precautionary measure, officers are specifically advised to switch off their portable radios prior to...
Our Kids are Dying of Drug Overdoses
THE KIDS AREN’T ALRIGHT, THEY’RE DYING OF DRUG OVERDOSESFrom May 2022 to May 2023, the Centers for Disease Control and Prevention reported an alarming 37 percent increase in American lives lost due to overdoses, totaling over 112,000 fatalities. This staggering surge...
How DUI Charges Impact Your Child’s Future
In Michigan driving is considered a privilege. with this privilege comes immense responsibility, especially when it comes to driving under the influence (DUI) as well as other responsibilities. The consequences of youth DUI extend far beyond the immediate legal...
Rescheduling Marijuana Would Be a Threat to Public Health
Kevin Sabet of Smart Approaches to Marijuana says policy makers need to learn from their mistakes with hemp when considering marijuana rescheduling. It’s rare for policymakers to get a preview of the consequences of pending policies, but the descheduling of...
Meet MiChap
Climate and Health Adaptation ProgramYou must save yourself from yourself.Meet MICHAPOur Vision: Michigan's public health system fosters equitable health and wellbeing as it adapts to the current and future impacts of climate change. Our Mission: The Michigan Climate...
Feds discover new methods to distinguish hemp and marijuana to assist crime labs
Federally funded researchers have uncovered two methods to divide and diversify the difference between hemp and cannabis to assist to crime labs. Because Cannabis is still a crime and Hemp is not...The Controlled Substance Act of 1970 classified the plant cannabis,...
Laws passed by Michigan lawmakers in 2023 will take effect
Several new laws passed by Michigan lawmakers in 2023 will take effect on Tuesday, Feb 13, 2023Making use of the first combined Democratic majority in the state House, Senate, and governor's seat in decades, legislators have the numbers and have successfully approved...
Legal Consequences of Rescheduling Marijuana – 2024
Legal Consequences of Rescheduling Marijuana Jan 2024 a report from the Congressional Research Service.
Scientists Discover The Reason Cannabis Causes The Munchies
For the first time, scientists have uncovered the precise neurological impacts of cannabis use that give rise to the phenomenon famously referred to as the "munchies," as revealed by an innovative study backed by federal funds. Researchers at Washington State...