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Exploring Treble Damages: RICO Implications from Medical Marijuana Inc. v. Horn on Personal Injury

2025-11-19 13:00:00

2025-11-19 13:00:00

Over 1,000+ webinars

Examines *Medical Marijuana, Inc. v. Horn* and how plaintiffs can now pursue treble damages under RICO for personal injury-derived losses.

2025-11-19 13:00:00

Examines *Medical Marijuana, Inc. v. Horn* and how plaintiffs can now pursue treble damages under RICO for personal injury-derived losses.

2025-11-19 13:00:00

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Course Overview

Navigating RICO Claims After Horn Decision

Participants will learn how the Supreme Court’s Horn decision expands civil RICO liability for personal injury-related economic losses. Practitioners will gain strategies for pleading and defending these newly viable claims.

Treble Damages

Understand RICO's mandatory damages multiplier framework.

Standing Requirements

Analyze business or property injury thresholds.

Causation Standards

Apply direct relationship tests to claims.

Defense Strategies

Identify limiting principles for dispositive motions.

Course Overview

Navigating RICO Claims After Horn Decision

Participants will learn how the Supreme Court’s Horn decision expands civil RICO liability for personal injury-related economic losses. Practitioners will gain strategies for pleading and defending these newly viable claims.

Treble Damages

Understand RICO's mandatory damages multiplier framework.

Standing Requirements

Analyze business or property injury thresholds.

Causation Standards

Apply direct relationship tests to claims.

Defense Strategies

Identify limiting principles for dispositive motions.

Why Attend

Why this 
program matters

Understanding RICO’s treble damages provisions and their intersection with personal injury claims is essential for practitioners navigating expanded liability exposure and strategic litigation opportunities following the Supreme Court’s Horn decision.
38
States have enacted their own RICO statutes in addition to the federal law, expanding the potential avenues for racketeering claims across jurisdictions.
16%
Growth in federal RICO case filings for the 12-month period ending March 2025, reaching 1,197 cases as courts saw continued expansion of civil RICO claims.
52%
Increase in nuclear verdicts ($10M+) against corporations in 2024 compared to 2023, with total awards reaching a record $31.3 billion.
$62B
Annual revenue of the U.S. personal injury law market in 2025, reflecting continued growth in an industry increasingly intersecting with RICO litigation strategies.

Agenda

Session 1

Treble Damages: Origins, Purpose, and Statutory Frameworks

Session 2

RICO Statutory Text and Pre-Horn Circuit Precedents

Session 3

Medical Marijuana v. Horn: Facts and Procedure

Session 4

Supreme Court Horn Opinion Analysis and Reasoning

Session 5

Break

Session 6

Implications for Personal Injury and Product Liability

Session 7

Strategic Considerations for Plaintiffs' Counsel Post-Horn

Session 8

Defensive Strategies for RICO Respondents After Horn

Session 9

Hypotheticals and Interactive Breakout Discussion Exercises

clock 1:00 pm - 1:15 pm EST

Treble Damages: Origins, Purpose, and Statutory Frameworks

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

This session explores the foundational rationale behind treble damages, including deterrence, punitive incentives, and the ‘private attorney general’ concept. Participants will examine key statutory regimes—RICO, Clayton Act, and state analogues—while learning how treble damages interact with standard tort remedies and the distinctions between compensatory and punitive components.

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

clock 1:15 pm - 1:30 pm EST

RICO Statutory Text and Pre-Horn Circuit Precedents

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

This session analyzes the civil RICO provision under 18 U.S.C. § 1964(c) and its ‘business or property’ injury requirement. Participants will examine the pre-Horn circuit split, with some circuits rejecting and others allowing recovery for economic losses flowing from personal injuries, and critique the ‘antecedent personal injury bar’ doctrine.

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

clock 1:30 pm - 1:45 pm EST

Medical Marijuana v. Horn: Facts and Procedure

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

This session details the Horn case background: a truck driver’s use of CBD products marketed as THC-free, his subsequent positive drug test, and resulting job loss. Participants will trace the procedural history from district court through the Second Circuit reversal and examine the specific question presented to the Supreme Court.

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

clock 1:45 pm - 2:00 pm EST

Supreme Court Horn Opinion Analysis and Reasoning

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

This session dissects Justice Barrett’s majority opinion rejecting the categorical antecedent-injury bar and its textual analysis of ‘injured in business or property.’ Participants will examine what the Court left unresolved, Justice Jackson’s concurrence, and the dissents from Justices Thomas and Kavanaugh warning of federalized tort expansion.

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

clock 2:00 pm - 2:10 pm EST

Break

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

A brief intermission allowing participants to refresh before diving into the practical implications and strategic applications of the Horn decision. Use this time to review notes and prepare questions for the remaining sessions.

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

clock 2:10 pm - 2:30 pm EST

Implications for Personal Injury and Product Liability

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

This session explores how Horn expands RICO’s reach into personal injury litigation, including scenarios involving misrepresentation, defective products, and toxic torts. Participants will identify which harms remain outside RICO’s scope and learn how to navigate interactions with parallel tort claims while avoiding double recovery.

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

clock 2:30 pm - 2:50 pm EST

Strategic Considerations for Plaintiffs' Counsel Post-Horn

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

This session provides plaintiffs’ attorneys with practical guidance on when to plead RICO claims alongside traditional torts and how to structure arguments for maximum causal linkage. Participants will learn strategies for selecting predicates, proving pattern requirements, conducting enterprise-focused discovery, and leveraging treble exposure in settlement negotiations.

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

clock 2:50 pm - 3:00 pm EST

Defensive Strategies for RICO Respondents After Horn

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

This session equips defense counsel with tools to attack proximate cause, challenge ‘business or property’ characterizations, and pursue early dismissal through Rule 12 or summary judgment motions. Participants will explore strategies for limiting damages exposure through bifurcation and addressing insurance and indemnity allocation issues.

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

clock 3:00 pm - 3:10 pm EST

Hypotheticals and Interactive Breakout Discussion Exercises

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

This interactive session presents three borderline fact patterns—supplement injuries, prescription drug misprescription, and industrial accidents with misleading disclosures—for group analysis. Participants will debate which hypotheticals should support treble claims under Horn and practice drafting and defending such claims.

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

01 09
Prev
Next

Key topics that will be covered

What will you learn

Attorneys will learn how the Supreme Court's Horn decision rejected the antecedent personal injury bar, allowing RICO plaintiffs to recover treble damages for business losses deriving from personal injuries.

What will you gain

Attorneys will gain strategic considerations for pleading directness requirements, challenging causation, selecting damages categories, and navigating forum selection in post-Horn RICO litigation.

Treble Damages
RICO mandates automatic triple damages plus attorney’s fees for prevailing plaintiffs.
Standing Requirements
Section 1964(c) requires injury to business or property caused by RICO violations.
Circuit Split
Courts disagreed whether economic losses from personal injuries qualify for RICO recovery.
Horn Holding
Business or property losses deriving from personal injuries are not categorically barred.
Limiting Principles
Direct relationship, pattern element, and monetary harm requirements constrain RICO claims.
Defense Strategy
Defendants should develop causation arguments and consider forum selection strategies.

What will you learn

Attorneys will learn how the Supreme Court's Horn decision rejected the antecedent personal injury bar, allowing RICO plaintiffs to recover treble damages for business losses deriving from personal injuries.

What will you gain

Attorneys will gain strategic considerations for pleading directness requirements, challenging causation, selecting damages categories, and navigating forum selection in post-Horn RICO litigation.

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Ability to Ask Questions During
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Exclusive Partner Webinars & Events
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Sarah E. Harmon

Winston & Strawn LLP

Callan G. Stein

Troutman Pepper Locke

Sarah E. Harmon

Winston & Strawn LLP

Sarah focuses her practice on product liability matters, mass tort cases, and other complex commercial disputes. She is recognized as a ‘One to Watch’ and ‘Key Lawyer’ in product liability and mass tort defense, with extensive experience managing complex, high-profile cases for major U.S. and international corporations.

Recognition & Leadership

Recognized as a 'One to Watch' and 'Key Lawyer' in the areas of product liability and mass tort defense.

Professional Involvement

Maintains an active pro bono practice, advocating for individuals seeking asylum in the United States, indigent defendants in criminal cases, and prisoners alleging mistreatment. Led the team that successfully fast-tracked the asylum application of a Ugandan man who endured severe torture due to his political affiliation.

Experience

Sarah has handled multi-jurisdictional litigation in federal and state courts, representing companies, manufacturers, utilities, and their insureds in cases alleging personal or catastrophic injury and wrongful death due to toxic product exposure. Prior to joining Winston, she was a key member of the team representing a major distributor in the opioid litigation and successfully represented numerous Fortune 100 companies in product liability and mass tort cases through all stages of litigation from initiation through appeals.

Sarah E. Harmon

Winston & Strawn LLP

Sarah focuses her practice on product liability matters, mass tort cases, and other complex commercial disputes. She is recognized as a ‘One to Watch’ and ‘Key Lawyer’ in product liability and mass tort defense, with extensive experience managing complex, high-profile cases for major U.S. and international corporations.

Recognition & Leadership

Recognized as a 'One to Watch' and 'Key Lawyer' in the areas of product liability and mass tort defense.

Professional Involvement

Maintains an active pro bono practice, advocating for individuals seeking asylum in the United States, indigent defendants in criminal cases, and prisoners alleging mistreatment. Led the team that successfully fast-tracked the asylum application of a Ugandan man who endured severe torture due to his political affiliation.

Experience

Sarah has handled multi-jurisdictional litigation in federal and state courts, representing companies, manufacturers, utilities, and their insureds in cases alleging personal or catastrophic injury and wrongful death due to toxic product exposure. Prior to joining Winston, she was a key member of the team representing a major distributor in the opioid litigation and successfully represented numerous Fortune 100 companies in product liability and mass tort cases through all stages of litigation from initiation through appeals.

Callan G. Stein

Troutman Pepper Locke

Cal is an experienced trial attorney who represents clients in complex civil, white-collar criminal, and RICO litigation matters and state and federal government investigations. He is uniquely positioned to handle litigation involving RICO with extensive experience defending businesses and individuals across a broad spectrum of industries.

Recognition & Leadership

Hosts the 'RICO Report,' a podcast series devoted entirely to the RICO statute. Hosts the firm's 'Highway to NIL' podcast that discusses the legal landscape and developments in NIL law. In 2024, won summary judgment for a client accused of PPP fraud in the first PPP fraud qui tam case to reach the dispositive motion stage in the U.S.

Professional Involvement

Faculty member for the National Institute for Trial Advocacy (NITA). Represents and advises higher education clients in areas related to collegiate athletics and Name, Image, and Likeness (NIL) rights and compliance, providing NIL compliance advice and internal investigation services to major universities participating in Division I football and basketball.

Experience

Served for years as a faculty member for the National Institute for Trial Advocacy (NITA) and the firm's trial advocacy program for associates. Has successfully tried and arbitrated RICO cases involving mail fraud, wire fraud, money laundering, embezzlement, homicide, and violations of federal statutes. Handles commercial litigation including fraud, breach of contract, and business tort cases for clients in highly regulated industries including healthcare, pharmaceutical, insurance, and higher education. In white-collar criminal practice, defends businesses and individuals facing government investigations involving the False Claims Act, Anti-Kickback Statute, Stark Law, and other healthcare fraud laws. Handles FCA and fraud cases involving Covid-19 programs such as PPP and PRF.

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