SCOTUS weighs RICO case of trucker fired over failed drug test

The Supreme Court will decide whether a trucker can use an anti-racketeering law to recover wages he lost after he was fired for unknowingly using a product that contained THC, the active ingredient in marijuana. The driver is looking to sue the makers of Dixie X — a CBD product advertised as being THC-free — under the Racketeer Influenced and Corrupt Organizations, or RICO Act , which could triple damages and attorneys fees from the company if he wins.

Medical Marijuana Inc., maker of Dixie X, presented its own argument, saying RICO can't be used to sue for personal injuries, only for harm to "business or property." The driver, Douglas Horn, argues the harm was to his ability to earn a living.

The New York-based Court of Appeals for the 2nd Circuit sided with Horn, saying the plain meaning of the word “business” allows him to sue.

During oral arguments Tuesday, Oct. 15, some conservative Supreme Court justices expressed concern that allowing that interpretation would open the floodgates to types of lawsuits the law wasn’t intended to cover. The U.S. Chamber of Commerce has raised the same concern.

A decision in the case is expected next year.

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