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Treble Damages for Personal Injury: RICO and the Practical Consequences of Medical Marijuana Inc. v. Horn

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, August 5, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, July 11, 2025

or call 1-800-926-7926

This CLE webinar will explore the practical impact on personal injury litigation strategies from Medical Marijuana Inc. v. Horn, 605 U.S. ___ (2025), holding that "a plaintiff may seek treble damages for business or property loss even if the loss resulted from a personal injury." The panel will discuss if or how the Supreme Court paved the way to RICO claims arising from personal injuries, who might benefit from this, and what types of cases would be most compelling.

Description

The federal Racketeer Influenced and Corrupt Organizations Act (RICO) statute creates a private cause of action (and treble damages) for injuries to a person's business or property caused by racketeering activity. RICO does not authorize a private cause of action, however, for personal injuries caused by racketeering. The issue in Horn was what happens if racketeering causes personal injury which in turn results in a loss to the plaintiff's business or property: can a person assert a RICO claim and seek treble damages for the ensuing property or business damage? The answer is maybe, but it’s complicated.

The defense bar and the dissent in Horn fear that this decision opens the door to RICO claims arising from personal injuries, theoretically allowing plaintiffs to turn garden-variety personal injury claims into suits for treble damages. However, the majority pointed out that the RICO statute's strict requirements—e.g., “by reason of,” “pattern of racketeering activity” and particular injury—would prevent such an outcome and then highlighted crucial issues that had been left undecided.

Nonetheless, personal injury lawyers, as well as those who practice RICO law generally, on both sides will want to carefully consider what fact patterns might give rise to a viable RICO claim and who other than plaintiffs might be interested in leveraging the holding.

Listen as this esteemed panel reviews the Horn decision and its possible implications for business and property damages arising from personal injuries.

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Outline

  1. The decision
  2. The dissent
  3. Potential litigation strategies
  4. Litigation hurdles
  5. Examples and Circuit Court Decisions

Benefits

The panel will consider these and other key issues:

  • Could the Horn rationale assist subrogees?
  • How is a single tortious act defined for purposes of RICO?
  • What types of fact patterns could most likely give rise to RICO claims?
  • What amounts to “by reason of” under RICO for purposes of PI injuries?
  • How does “pattern of racketeering activity” limits application of RICO in PI cases?
  • What is the definition of the phrase "injured in his business or property" in civil RICO §1964(c)?

Faculty

Freedman, Michael
Michael G. Freedman

Managing Partner and Founder
The Freedman Firm

Mr. Freedman, managing partner of the Freedman Firm PC, is an experienced trial attorney and former federal prosecutor...  |  Read More

Perry, James
James G. Perry

Senior Trial Counsel
Atticus Injury Law

Mr. Perry is a trial and litigation attorney with Atticus Injury Law, PC, with a focus on personal injury and...  |  Read More

Attend on August 5

Early Discount (through 07/11/25)

Cannot Attend August 5?

Early Discount (through 07/11/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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