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Supreme Court Hears Arguments Over Whether RICO Covers Economic Harms Tied to Personal Injuries
Summary
In Medical Marijuana v. Horn, counsel debated whether civil RICO excludes "damages resulting from personal injuries," with justices probing proximate cause, foreseeability and the risk of federalizing state tort claims; the case was submitted to the Court.
The Supreme Court heard argument in Medical Marijuana v. Horn over whether civil RICO (the Racketeer Influenced and Corrupt Organizations Act) permits recovery for economic harms that "result from personal injuries," with counsel and justices debating where to draw the line.
During the petitioners' opening, counsel identified in the transcript as Miss Blatt urged the Court to read the statute to exclude damages that "result from personal injuries," arguing that the statutory distinction between "injury" and "damages sustained" means RICO does not remediate classic personal-injury losses such as lost wages and medical expenses. She argued that treating those losses as RICO injuries would "federalize" a wide swath…
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