Podcasts April 1, 2026

One Year After Horn: How Lower Courts Are Applying RICO's Expanded Damages

RICO Report

Speakers

Callan G. Stein

In this episode, host Cal Stein revisits the U.S. Supreme Court’s decision in Medical Marijuana, Inc. v. Horn nearly one year later and examines how lower federal courts are applying it. He briefly recaps Horn‘s narrow holding that certain economic harms flowing from personal injuries can satisfy RICO’s “business or property” requirement, then walks through early district court decisions. Cal explains how courts are resisting efforts to turn RICO into a personal-injury regime, pulling back from reliance on antitrust/Clayton Act precedent, and often avoiding broad new rulings on what counts as a RICO “injury” by resolving cases on causation grounds instead. He closes with practical guidance for defense counsel on framing motions to dismiss in this evolving landscape.

Key topics include:

  • 1:57 – Recap of Medical Marijuana, Inc. v. Horn.
  • 5:57 – Lesson #1: The personal injury civil RICO “floodgates” have not opened . . . yet.
  • 10:49 – Lesson #2: The door to using antitrust precedent in RICO cases may be closing.
  • 16:32 – Lesson #3: Courts remain hesitant to grapple with the definition of “injury.”

Our Cannabis Practice provides advice on issues related to applicable federal and state law. Cannabis remains an illegal controlled substance under federal law.

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