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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Tuesday, August 5, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

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? And the answer is yes.

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 would prevent such an outcome and then highlighted crucial issues that had been left undecided.

Nonetheless, personal injury lawyers 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. 

Outline

I. The decision

II. The dissent

III. Potential litigation strategies

IV. Litigation hurdles

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 is the definition of the phrase "injured in his business or property" in civil RICO §1964(c)?