Supreme Court sides with truck driver who said CBD got him fired
Supreme Court sides with truck driver who said CBD got him fired Douglas Horn, the truck driver, had taken the supplement to help his chronic back and shoulder pain. The company promised the hemp-based product, Dixie X, did not contain THC.
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What we know about key SCOTUS cases that could impact you
The Supreme Court is beginning a new term and is set to hear a range of big cases. Here's what we know now.
WASHINGTON – The Supreme Court on Wednesday sided with a truck driver who lost his job after taking a hemp-based supplement.
In a 5-4 decision, the court said Douglas Horn can use an anti-racketeering law to sue the supplement manufacturer he said falsely advertised its 'new CBD-rich medicine' as not containing TCH, the active ingredient in marijuana.
Horn said the supplement, Dixie X, caused him to fail a drug test and he should be able to use a federal law created to fight organized crime to recover lost wages.
Under the Racketeer Influenced and Corrupt Organizations Act, Horn could get triple damages and attorney fees if he can prove his case.
The manufacturer, Medical Marijuana Inc., argued that RICO can't be used to sue for personal injuries, only for harm to 'business or property.'
Horn contended that the harm was to his ability to earn a living, which meets the plain definition of 'business.'
Writing for the majority, Justice Amy Coney Barrett said Medical Marijuana "tried valiantly to engineer a rule that yields its preferred outcomes."
"When all is said and done, Medical Marijuana is left fighting the most natural interpretation of the text − that 'injured' means 'harmed' − with no plausible alternative in hand," she wrote. "That is a battle it cannot win."
Justices Clarence Thomas, Brett Kavanaugh, Samuel Alito and Chief Justice John Roberts dissented.
During the October oral arguments, some conservative justices expressed concern that allowing that interpretation would open the floodgates to the types of lawsuits the law wasn't intended to cover.
That was also a point raised in a legal filing by the U.S. Chamber of Commerce, which urged the court to rule against Horn. Otherwise, the group said, there will be 'devastating consequences' from increasing businesses' exposure to lawsuits.
The truck driver's lawyers argued there are still significant hurdles for using RICO.
Anyone making a claim has to show a pattern of racketeering activity and that the illegal activities caused the injury, Easha Anand, an attorney for Horn, told the Supreme Court.
Created primarily to fight organized crime, RICO was seldom used until a 1981 Supreme Court decision expanded its interpretation to apply to both legitimate and illegitimate enterprises, according to Jeffrey Grell, an expert on the law who previewed the case for the American Bar Association.
But after the federal courts were deluged with RICO cases, the Supreme Court has tried to limit its application.
The case is Medical Marijuana Inc. v. Horn.
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To Be A Part of 'The Shift,' Follow Us On Social Media: X LinkedIn Instagram Facebook YouTube Qualified Person Tectonic Metals' disclosure of technical or scientific information in this press release has been reviewed, verified and approved by Peter Kleespies, Vice President of Exploration, who is a Qualified Person in accordance with Canadian regulatory requirements set out in National Instrument 43-101. On behalf of Tectonic Metals Inc., Tony Reda President and Chief Executive Officer For further information about Tectonic Metals Inc. or this news release, please visit our website at or contact Jesse Manna, Investor Relations, toll-free at 1.888.685.8558 or by email at [email protected] Cautionary Note Regarding Forward-Looking Statements Certain information in this news release constitutes forward-looking information and statements under applicable securities law. Any statements that are contained in this news release that are not statements of historical fact may be deemed to be forward-looking statements. Forward-looking statements are often identified by terms such as 'may', 'should', 'anticipate', 'expect', 'intend' and similar expressions and include, but are not limited to, statements regarding the Offering, including the expected closing date and participation by certain strategic funds for the amounts described herein; the intended use of the net proceeds of the Offering, including the Company securing sufficient funds for the 2025 drill program at Alpha Bowl by the expected launch date; the potential for mineralization and planned exploration and drilling activities at Tectonic's projects, any future exploration activities and the size; the terms and closing date of the Share Consolidation, including the expected benefits for shareholders; the receipt of any regulatory approvals, including the final approval of the TSXV for the Offering and the Share Consolidation. Forward-looking information is not a guarantee of future performance and is based upon a number of estimates and assumptions of management at the date the statements are made including, among others, assumptions about the Company securing sufficient financing for its planned exploration and drilling initiatives on acceptable terms or at all, current estimates and assumptions regarding the benefits of the Share Consolidation, future prices of gold and other metal prices, currency exchange rates and interest rates, favourable operating conditions, political stability, obtaining governmental and other approvals and financing on time, obtaining required licenses and permits, labour stability, stability in market conditions, availability of equipment, accuracy of any mineral resources, successful resolution of disputes and anticipated costs and expenditures. Many assumptions are based on factors and events that are not within the control of Tectonic, and there is no assurance they will prove to be correct. Although Tectonic considers these beliefs and assumptions to be reasonable based on information currently available to it, they may prove to be incorrect, and the forward-looking statements in this release are subject to numerous risks, uncertainties and other factors that may cause future results to differ materially from those expressed or implied in such forward-looking statements. Forward-looking statements necessarily involve known and unknown risks, including, without limitation: the Company's ability to consummate the Offering and the Share Consolidation on the terms described herein or at all; the Company's ability to implement its business strategies; risks associated with mineral exploration and production; risks associated with general economic conditions; adverse industry events; marketing and transportation costs; loss of markets; volatility of commodity prices; inability to access sufficient capital from internal and external sources, and/or inability to access sufficient capital on favourable terms; industry and government regulation; changes in legislation, income tax and regulatory matters; competition; currency and interest rate fluctuations; and other risks. Readers are further cautioned not to place undue reliance on forward-looking statements as there can be no assurance that the plans, intentions, or expectations upon which they are placed will occur. Such information, although considered reasonable by management at the time of preparation, may prove to be incorrect and actual results may differ materially from those anticipated. Forward-looking statements contained in this news release are expressly qualified by this cautionary statement. Although Tectonic has attempted to identify important factors that could cause actual results to differ materially from those contained in forward-looking information, there may be other factors that cause results not to be as anticipated, estimated or intended. There can be no assurance that such information will prove to be accurate, as actual results and future events could differ materially from those anticipated in such statements. Accordingly, readers should not place undue reliance on forward-looking information. Tectonic does not undertake to update any forward-looking information, except in accordance with applicable securities laws. Neither the TSX Venture Exchange nor its Regulation Service Provider (as that term is defined in the policies of the TSX Venture Exchange) accepts responsibility for the adequacy or accuracy of this release. SOURCE: Tectonic Metals Inc. press release
