Latest news with #DouglasHorn
Washington Post
02-04-2025
- Washington Post
Supreme Court allows truck driver's lawsuit against CBD maker
The Supreme Court cleared the way Wednesday for a truck driver to sue the company that sold him a cannabidiol, or CBD, product that he says led to him getting fired after testing positive for THC. In a 5-4 ruling, the justices upheld an appeals court decision that allowed Douglas Horn to take legal action against Medical Marijuana, Inc., under a landmark federal law that is better known as a tool used by prosecutors to target organized crime.
USA Today
02-04-2025
- Business
- USA Today
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. Show Caption Hide Caption 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.
Yahoo
02-04-2025
- Business
- Yahoo
Truck driver can seek triple damages in lawsuit over THC content in CBD product, Supreme Court says
WASHINGTON (AP) — The Supreme Court on Wednesday sided with a truck driver who wants to sue for triple damages over a CBD hemp product he says was falsely advertised as being free from marijuana's active ingredient and resulted in him getting fired. The 5-4 opinion clears the way for the trucker to seek triple damages under an anti-mob law. It doesn't decide his underlying claims that the product's THC content got him fired. Douglas Horn said he wanted to treat chronic shoulder and back pain after a serious accident. He chose the product because it was advertised as being free from THC, which gives marijuana its high. CBD is a generally legal hemp compound that is widely sold as a dietary supplement. But lab tests taken after Horn was fired for failing a routine drug test confirmed the product did have THC, he claimed. Horn sued the Vista, California-based Medical Marijuana Inc. and sought triple damages under the Racketeer Influenced and Corrupt Organizations Act, often known as RICO. The company pushed back, disputing Horn's account and saying he can't sue for higher damages because he's claiming a personal injury rather than harm to his business. Horn says his firing was a business injury and he's been financially ruined, and an appeals court allowed Horn's claim to go forward. ___ Follow the AP's coverage of the U.S. Supreme Court at Lindsay Whitehurst, The Associated Press
Yahoo
02-04-2025
- Business
- Yahoo
Truck driver can seek triple damages in lawsuit over THC content in CBD product, Supreme Court says
WASHINGTON (AP) — The Supreme Court on Wednesday sided with a truck driver who wants to sue for triple damages over a CBD hemp product he says was falsely advertised as being free from marijuana's active ingredient and resulted in him getting fired. The 5-4 opinion clears the way for the trucker to seek triple damages under an anti-mob law. It doesn't decide his underlying claims that the product's THC content got him fired. Douglas Horn said he wanted to treat chronic shoulder and back pain after a serious accident. He chose the product because it was advertised as being free from THC, which gives marijuana its high. CBD is a generally legal hemp compound that is widely sold as a dietary supplement. But lab tests taken after Horn was fired for failing a routine drug test confirmed the product did have THC, he claimed. Horn sued the Vista, California-based Medical Marijuana Inc. and sought triple damages under the Racketeer Influenced and Corrupt Organizations Act, often known as RICO. The company pushed back, disputing Horn's account and saying he can't sue for higher damages because he's claiming a personal injury rather than harm to his business. Horn says his firing was a business injury and he's been financially ruined, and an appeals court allowed Horn's claim to go forward. ___ Follow the AP's coverage of the U.S. Supreme Court at
The Independent
02-04-2025
- Business
- The Independent
Truck driver can seek triple damages in lawsuit over THC content in CBD product, Supreme Court says
The Supreme Court on Wednesday sided with a truck driver who wants to sue for triple damages over a CBD hemp product he says was falsely advertised as being free from marijuana's active ingredient and resulted in him getting fired. The 5-4 opinion clears the way for the trucker to seek triple damages under an anti-mob law. It doesn't decide his underlying claims that the product's THC content got him fired. Douglas Horn said he wanted to treat chronic shoulder and back pain after a serious accident. He chose the product because it was advertised as being free from THC, which gives marijuana its high. CBD is a generally legal hemp compound that is widely sold as a dietary supplement. But lab tests taken after Horn was fired for failing a routine drug test confirmed the product did have THC, he claimed. Horn sued the Vista, California-based Medical Marijuana Inc. and sought triple damages under the Racketeer Influenced and Corrupt Organizations Act, often known as RICO. The company pushed back, disputing Horn's account and saying he can't sue for higher damages because he's claiming a personal injury rather than harm to his business. Horn says his firing was a business injury and he's been financially ruined, and an appeals court allowed Horn's claim to go forward. ___
