The U.S. Supreme Court is grappling with a complex case involving former truck driver Douglas Horn. Douglas Horn claims he was unfairly fired for failing a drug test and taking “CBD-rich drugs.”
Mr. Horne is suing under the Racketeers Influenced and Corrupt Organizations Act (RICO), a law aimed at combating organized crime, and is seeking 3.3% compensation for what he says is business or property damage. They are seeking double damages.
The court was divided during arguments Tuesday. According to CNN, some conservative judges are wary of allowing Horne's case to proceed, fearing it could lead to a surge in routine personal injury RICO lawsuits.
Justice Brett Kavanaugh called Horne's legal theory a “fundamental change” in how tort claims are handled in the United States, and Chief Justice John Roberts also expressed concern about the case's far-reaching impact. “Medical marijuana doesn't get you fired,” Justice Clarence Thomas said. ”
Conversely, the court's liberal justices, led by Justice Elena Kagan, argued that Mr. Horne had indeed suffered professional harm. Kagan noted that under RICO law, losing a job could be considered an injury to business. “If you are injured on the job, including your employment, you are entitled to treble damages,” Kagan said, according to the New York Times.
Judge Ketanji Brown Jackson agreed. “He does not claim that the product made him sick. He does not claim that he was personally injured. He did not even know he had ingested THC until the testing and shooting.”
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Horn's legal proceedings began in 2012 when he tried a CBD product called Dixie-X, which he believed did not contain THC, the psychoactive ingredient in marijuana. Mr. Horn failed a drug test and was fired. He has since sued companies that operate CBD products, including Medical Marijuana Inc., MJNA, Dixie Holdings, and Red Dice Holdings, alleging that they were involved in extortion activities carried out through their companies, including mail and wire fraud. I woke you up.
A federal district court initially ruled against Horn, but the Second Circuit Court of Appeals allowed Horn's case to proceed.
Medical Marijuana and the other companies argue that Mr. Horn's injuries were personal and not business or property damage, as required by RICO. They argued that a ruling in Horn's favor would dramatically expand the scope of civil RICO lawsuits and transform what they called “garden product liability” lawsuits into larger-scale He said it would change.
A decision is expected next year.
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