Maker of CBD products asks court to decide

Maker of CBD products asks court to decide

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),

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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

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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.

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Seattle settles case involving – the rights of nature

Seattle settles case involving – the rights of nature

The Rights of NatureSeattle settled a lawsuit brought by the Sauk-Suiattle Tribe on behalf of salmon harmed by dams on the Skagit River. This is one of the first "rights of nature" cases in the US, and the tribe argued that the lack of fish passage measures violated...

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NY judge fines unlicensed cannabis shops $15 million

NY judge fines unlicensed cannabis shops $15 million

It's their corner now“This punishment should serve as a clear warning for all unlicensed cannabis stores in the state: we will enforce the law and shut down your operations,” state Attorney General Letitia James saidThe owner of seven unlicensed cannabis shops in New...

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Vehicle Forfeiture in Canada – The Process of Taking

Vehicle Forfeiture in Canada – The Process of Taking

Thank You... and have a nice day eh!Disclaimer: We are not Attorneys in Canada.  This is an article of information obtained from various sources and presented here. We can only assume they are accurate.  If you ever find a reason to go to Canada and need a lawyer...we...

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Alcohol, Drugs, Kayaking – It could be a problem

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Can I drink alcohol and smoke cannabis if I'm canoeing or kayaking or tubing or paddleboarding or just floating around?While Michigan law doesn't explicitly forbid consuming alcohol on non-motorized vessels like canoes or kayaks, it's strongly discouraged for safety...

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Supreme Court Ruling Strengthens First Amendment Protections: Implications for Michigan’s Threat Speech Laws

Supreme Court Ruling Strengthens First Amendment Protections: Implications for Michigan’s Threat Speech Laws

In a significant legal development, the United States Supreme Court has recently issued a ruling that has far-reaching implications for individuals facing charges related to “threat speech” in Michigan. The case of Counterman v. Colorado, decided on June 27, 2023, reaffirms the fundamental importance of the First Amendment while reshaping the legal landscape for cases involving threats. In this article, we will explore the key aspects of this ruling and its impact on Michigan’s laws.

Summary of the Case

Billy Counterman sent a series of disturbing social media messages to a local musician, causing her severe emotional distress. The case revolved around whether these messages constituted “true threats” under the First Amendment. The Supreme Court, in a 7-2 decision, held that true-threat cases require a subjective mens rea standard, and the applicable standard is recklessness. In simple terms, the state must now prove that the defendant consciously disregarded a substantial risk that their communications would be viewed as threatening violence.

Impact on Michigan’s Laws

This ruling has direct implications for Michigan’s statutes that criminalize “threat speech” offenses. Laws related to assault, ethnic intimidation, and verbal threats of terrorism now require prosecutors to meet a higher burden of proof. They must demonstrate that the defendant was aware, in some way, of the threatening nature of their statements.

This shift places a greater emphasis on understanding the defendant’s subjective intent. This marks a significant departure from the previous objective “reasonable person” standard.

Protecting Free Speech

The Counterman ruling underscores the delicate balance between protecting free speech and preventing dangerous communications. While the First Amendment safeguards our right to express even controversial or unpopular opinions, it is essential to draw the line when speech crosses into the realm of genuine threats. The Court acknowledged that some true threats may go unpunished, but this decision also ensures that protected speech is protected.

At Komorn Law, we have a deep understanding of constitutional law and criminal defense in Michigan. With over 30 years of experience, we have successfully represented clients facing charges under similar statutes. Our legal team provides expert counsel and aggressive advocacy for those accused of any crime or alleged illegal activities. Call our Office 248-357-2550

Conclusion: 

The Counterman v. Colorado Supreme Court ruling is a landmark decision that strengthens First Amendment protections while redefining the criteria for true-threat cases. For individuals in Michigan facing legal issues related to threat speech, it is crucial to have experienced legal representation. Komorn Law stands ready to provide the expertise and advocacy necessary to protect your rights and defend against these charges.

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Roe v. Wade overturned

Roe v. Wade overturned

Supreme Court overturns Roe v. Wade, leaving abortion questions for millions in Michigan

June 24, 2022

Millions of Michiganders lost the national right to legal abortions Friday after the U.S. Supreme Court overruled Roe v. Wade, upending nearly 50 years of judicial precedent and changing the dynamics of reproductive health in the country for years to come.  

While abortions are still legal in Michigan, that could change any moment if a temporary injunction blocking the enforcement of a state ban is lifted or otherwise removed.

The 6-3 decision in Dobbs v. Jackson Women’s Health obliterates the seminal case that legalized abortion nationally in 1973, Roe v. Wade. In theory, that would mean Michigan’s law criminalizing most abortions is again enforceable: a 1931 statute only allows abortions “necessary to preserve the life of such woman,” a vague standard left untested by doctors and the courts for decades. The law on Michigan’s books does not allow exceptions for cases of rape or incest.  

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Michigan AG Dana Nessel calls overturning Roe v. Wade ‘dangerous precedent”

Michigan Attorney General Dana Nessel on Friday slammed the U.S. Supreme Court’s choice to overturn Roe v. Wade, saying it creates “extraordinary upheaval in the American legal system” and puts other rights at risk. 

A temporary injunction is all that keeps abortion legal in the state of Michigan after the U.S. Supreme Court on Friday overruled the nearly 50-year-old landmark Roe v. Wade decision that affirmed a constitutional right to abortion. 

The court, in a 6-3 decision in Dobbs v. Jackson Women’s Health, threw the decision of abortion’s legality back to the states. In the Great Lakes state, that means a fierce battle, as an anti-abortion law is already on the books in the form of a 1931 statute that only allows abortions “necessary to preserve the life of such woman.” It does not allow exceptions for cases of rape or incest.  

Lawsuits filed before the ruling by Gov. Gretchen Whitmer and Planned Parenthood have sought to keep the statute from being enforced and ask courts to find the right to abortion in Michigan’s Constitution. 

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Whitmer speaks out on Roe’s demise 

Savit wasn’t the only one to offer thoughts on the ruling Friday. 

Whitmer, on her personal and professional Twitter accounts, said she will continue to fight the 1931 ban. She called the news Friday “devastating.”

“Women and families should be the ones making decisions about if and when they want to become parents,” she said. “Not politicians. End of story.”

She also issued a statement saying the ruling was made by “an unelected group of conservative judges” and that it doesn’t follow medical expertise. 

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Roe v. Wade ruling: Biden calls abortion decision ‘an extreme and dangerous path’

WASHINGTON – President (I did that) Joe Biden said Friday that “it’s a sad day for the court and the country” after the Supreme Court overturned Roe v. Wade, the landmark 1973 decision that legalized abortion nationwide. But it’s a great day for November?

“Now with Roe gone, let’s be very clear, the health and life of women across this nation are now at risk,” he said from the White House.

He added that “the court has done what it’s never done before — expressly taking away a constitution right that is so fundamental to so many Americans,” he said.

“It just stuns me,” Biden said. “This is a sad day for the country in my view, but it does not mean the fight is over.”

Biden called on Congress to make abortion protections federal law and told voters that “this fall, Roe is on the ballot.”

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Supreme Court overturns Roe v. Wade; abortion bans anticipated in several states

WASHINGTON – The U.S. Supreme Court has overturned the landmark 1973 Roe v. Wade case that legalized abortion nationwide, letting the states have the final say, according to the final opinion that was previously leaked but finally issued Friday.

The ruling on a case known as Dobbs v. Jackson Women’s Health Organization sets in motion a series of events that will likely lead to abortion being banned or severely restricted in roughly half of the 50 states. 

Dobbs v. Jackson Women’s Health Organization challenged the constitutionality of a Mississippi bill that banned abortion after 15 weeks. 

Conservative justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett agreed with the opinion’s author, Samuel Alito, to overturn both Roe v. Wade and a 1992 decision, Planned Parenthood v. Casey, that affirmed Roe’s finding of a constitutional right to abortions.

“We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives,” Alito wrote, in an opinion that was very similar to the leaked draft.

Authority to regulate abortion rests with the political branches, not the courts, Alito wrote.

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What Supreme Court’s Abortion Ruling Means For Michigan

Abortions remain legal in Michigan following a Friday U.S. Supreme Court decision striking down Roe v. Wade, but the future is uncertain.

A court injuction prevents a dormant abortion ban from 1931 from going into effect and Attorney General Dana Nessel and prosecutors in the state’s most populous counties have said they have no plans to enforce a potential ban. Nessel reiterated that intention in a Friday statement issued following the ruling.

A petition drive is underway for a November ballot measure that would enshrine a right to abortion in the state constitution.

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Biden vows abortion fight, assails ‘extreme’ court ruling

WASHINGTON (AP) — President Joe Biden said Friday he would try to preserve access to abortion after the Supreme Court overturned Roe v. Wade, and he called on Americans to elect more Democrats who would safeguard rights upended by the court’s decision. “This is not over,” he declared.

“Let’s be very clear, the health and life of women across this nation are now at risk,” he said from the White House on what he called “a sad day for the court and the country.”

Biden added that “the court has done what it’s never done before — expressly taking away a constitutional right that is so fundamental to so many Americans.”

Republicans and conservative leaders celebrated the culmination of a decades-long campaign to undo the nationwide legalization of abortion that began with Roe v. Wade in 1973.

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CBP Enforcement Statistics Fiscal Year 2022

U.S. Customs and Border Protection is the nation’s largest federal law enforcement agency charged with securing the nation’s borders and facilitating international travel and trade. Our top priority is to keep terrorists and their weapons from entering the United States.

Read The Report

Fentanyl Seizures in First Five Months of 2022 Surpass all of 2021

Law enforcement partners across Colorado announced they have already seized more illicit fentanyl in the first five months of 2022 than they did in all of last year.  In a press conference at the headquarters for the Colorado State Patrol in Golden, law enforcement officials presented data from the Rocky Mountain High Intensity Drug Trafficking Area showing that more than 2 million dosage units of fentanyl were removed from Colorado communities so far this year. 

“We appreciate the work law enforcement is doing to take this deadly poison off our streets. We also need the help of the public in ending the demand for it. It is risky to take any drug not prescribed by a doctor and obtained from a pharmacy,” warned U.S. Attorney Cole Finegan.

“Presently the Patrol’s Interdiction Section has seized more fentanyl in the first five months of 2022 than all of 2021,” stated Col. Matthew C. Packard, chief of the Colorado State Patrol. “While I would love to tell you that our troopers have eliminated the threat of this deadly drug, what we remove is a drop in the ocean. It’s cheap, it’s everywhere, including a strong counterfeit market where people think they are taking other forms of pills. If you have a loved one struggling with any form of drug abuse, get them help.”  

One Pill Can Kill

  • DEA Reveals Criminal Drug Networks Are Flooding the U.S. with Deadly Fentanyl
  • Drug overdose deaths top 100,000 annually for the first time, driven by fentanyl, CDC data show
  • Fentanyl is now the leading cause of death for Americans between the ages of 18 and 45.
  • Our border with Mexico is a wide-open thoroughfare, with the CCP and drug cartels bringing across.

13-year-old overdosing and dying recently in Hartford, after bringing 40 bags of fentanyl into school. 

As he lay dying in a hospital, police required all his classmates to walk through a solution of bleach and OxyClean—before they could leave school—to neutralize potential exposure and ensure they weren’t transferring deadly traces outside. School remained closed for a week to cleanse the remaining remnants of the fentanyl stash found in multiple classrooms and the gymnasium. 

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US Supreme Court votes remotely to deny voters right to vote remotely

US Supreme Court votes remotely to deny voters right to vote remotely

According to Politifact

Politifact Summary

  • The U.S. Supreme Court did indeed meet and vote remotely to rule on the Wisconsin election.
  • But it’s a stretch to say they denied a “right to vote remotely”
  • The traditional remote voting right is to cast an absentee ballot by Election Day, and that was still allowed under this ruling.
  • The court struck down a lower court decision that would have allowed any absentee ballot received by April 13, 2020, to count, not just those postmarked by Election Day.

A pair of high court rulings set the stage for Wisconsin’s April 7, 2020 pandemic election.

The Wisconsin Supreme Court struck down an order from Gov. Tony Evers that would have moved the election back to June, which kept in-person voting in place.

And the U.S. Supreme Court ruled that all absentee ballots had to be postmarked by Election Day, reversing a federal judge’s order, forcing thousands who requested but didn’t receive an absentee ballot to vote in person if they wanted their vote to count.

Politifact Sources

Read The whole Article Here

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Listen Live to the US Supreme Court

Listen Live to the US Supreme Court

Listen live to arguments in the Supreme Court.

On Monday, the Supreme Court is set to hear arguments over the phone for the first time ever due to the coronavirus pandemic; they’ll hear 10 cases remotely from now until May 13. But that’s not the only history being made on Monday, as the Supreme Court will also for the first time ever make the audio available to be listened to live, The Associated Press reports.

Listen Here at link below on NPR

https://www.npr.org/2020/05/03/848317039/listen-live-supreme-court-arguments-begin-monday

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