Supreme Court considers truck driver’s RICO case over CBD product that cost him his job  

Supreme Court considers truck driver’s RICO case over CBD product that cost him his job  

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The Supreme Court heard oral arguments on Tuesday in the case of a truck driver who was fired from his job after a wellness product marketed as free of THC, the active ingredient in marijuana,  caused him to fail a routine drug test. Douglas Horn sued the maker of the CBD product he took for chronic pain under federal racketeering law for economic harm.

But the companies that manufacture the product told the justices on Tuesday that because Horn’s … Read the rest

Supreme Court takes up RICO and veterans “benefit of the doubt” cases

Supreme Court takes up RICO and veterans “benefit of the doubt” cases

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In a list of orders released from the justices’ private conference last week, the justices granted review in four cases – adding those cases to the lone four cases that they have agreed to take up for the 2024-25 term since early January. Monday’s grants involve (among others) the interpretation of federal racketeering laws and the “benefit of the doubt” rule for veterans.

In Medical Marijuana v. Horn, the Supreme Court agreed to decide whether a commercial truck … Read the rest

RICO injury, federal jurisdiction, and giving veterans the benefit of the doubt

RICO injury, federal jurisdiction, and giving veterans the benefit of the doubt

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The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

The Supreme Court is back in the relist business with a vengeance. On Monday, it granted review of the Biden administration’s newly relisted petition seeking to establish the lawfulness of its efforts to regulate so-called “ghost guns,” as well as the Commonwealth of Virginia’s first-time relist arguing that a plaintiff who won a … Read the rest

Relist-palooza: Religious exercise, the False Claims Act, takings clause, RICO, bank secrecy, and more

Relist-palooza: Religious exercise, the False Claims Act, takings clause, RICO, bank secrecy, and more

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The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

 This Friday’s conference represents a significant date in the Supreme Court’s schedule: Based on the schedule prescribed by the court’s rules, it is the last conference at which a cert petition can be granted and the case heard during the court’s April sitting. Because it appears that sitting is mostly empty at … Read the rest

In Puerto Rico horse-racing dispute, a looming question over independent contractors

In Puerto Rico horse-racing dispute, a looming question over independent contractors

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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.

In our modern gig economy, independent contractors constitute an increasingly large share of the American workforce. Companies like Uber, Lyft, and Amazon rely heavily on these workers, because the lack of any formal employment relationship means they do not have to provide them with benefits like health care and retirement … Read the rest