The United States Supreme Court agreed to hear arguments from three CBD Oil manufacturers who face a RICO suit filed by a consumer who was fired due to the undisclosed presence of THC in his CBD products. Although initially successful on a motion for summary judgment below, the manufacturers lost on appeal when the Second Circuit joined the Ninth in finding that civil RICO claims may proceed for economic harms that arise from personal injuries. Horn, the plaintiff, had argued that the mislabeled CBD products that he purchased caused him to lose not only his job, but his insurance and pension benefits as well. The Second Circuit sided with Horn’s theory of harm, and found that “business” injuries in RICO suits could be applied to the plaintiff’s employment. This change in interpretation added to an already brewing circuit split, as the Sixth, Seventh, and Eleventh circuits all reached the opposite conclusion. The case, presumably scheduled for argument in the Court’s next term, is Medical Marijuana Inc. et al. v. Horn, case number 23-365, in the Supreme Court of the United States.
About Faruqi & Faruqi, LLP
Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in California, Georgia and Pennsylvania.
Since its founding in 1995, Faruqi & Faruqi, LLP has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, direct purchasers, consumers and employees.
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About Kyle J. Conway
Kyle J. Conway's practice is focused on Consumer Protection litigation. Kyle is an associate in Faruqi & Faruqi's Pennsylvania office. Prior to joining F&F, Kyle worked with the Delaware Department of State's Corporations Division. As well, Kyle has practiced law in the areas of insurance defense and family law.Kyle received his J.D. cum laude, from Villanova University Charles Widger School of Law (2018). In law school, Kyle was the Managing Editor of the Environmental Law Journal. Kyle received his undergraduate degree, summa cum laude, from the University of Pittsburg (2015). Kyle is licensed to practice law in the Commonwealth of Pennsylvania.
Kyle J. Conway
Associate at Faruqi & Faruqi, LLP
Pennsylvania office
Tel: (215) 277-5770
Fax: (215) 277-5771
E-mail: kconway@faruqilaw.com
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