Medical Marijuana, Inc. et al. v. Horn
No. 23-365 · Decided April 2, 2025 · affirmed and remanded
Does civil RICO categorically bar recovery for business or property losses that derive from a personal injury? Under 18 U. S. C. § 1964(c), a plaintiff may recover treble damages for business or property loss even if that loss derived from an antecedent personal injury.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT · Argued October 15, 2024
Parties — Petitioner: MEDICAL MARIJUANA, INC., et al. · Respondent: HORN
Vote & lineup5–4 on the judgment. Barrett delivered the opinion of the Court, joined by Sotomayor, Kagan, Gorsuch, Jackson (5). Dissent(s): Thomas; Kavanaugh (joined by Roberts, Alito). Concurrence(s): Jackson.
Who prevailed — The respondent prevailed on the issue of whether he could seek RICO damages for business losses resulting from a personal injury.
The question

Does civil RICO categorically bar recovery for business or property losses that derive from a personal injury? Specifically, the Court must determine if 18 U. S. C. § 1964(c) precludes treble damages when the economic loss is a secondary effect of an antecedent personal injury. The central issue is whether the "business or property" requirement limits the cause of the harm or only the type of harm for which a plaintiff can recover.

Petitioner's argument
  • Argues that "injured in his business or property" is a term of art meaning the "invasion of a legal right," specifically a business or property tort, citing *Ballentine's Law Dictionary*.
  • Contends that an invasion of a personal right never gives rise to a RICO claim and that plaintiffs cannot "recast" a personal-injury tort as a RICO suit.
  • Asserts that antitrust precedent requires plaintiffs to allege injuries that track common-law torts.
Respondent's argument
  • Argues that the plain language of 18 U. S. C. § 1964(c) allows recovery for any person "injured in his business or property" regardless of the cause.
  • Contends that there is no "antecedent-personal-injury bar" within the text or structure of RICO.
  • Asserts that losing employment constitutes being "injured in his business."
The decision
  • Holds that under 18 U. S. C. § 1964(c), a plaintiff may seek treble damages for business or property loss even if the loss resulted from a personal injury.
  • Applies the ordinary meaning of "injure," defined as to "cause harm or damage to" or to "hurt," citing *American Heritage Dictionary*, *Webster's Third New International Dictionary*, and *Ballentine's Law Dictionary*.
  • Reasons that while § 1964(c) implicitly excludes recovery for harm to one's person, this limitation applies to the kinds of harm recovered, not the cause of the harm.
  • Rejects the "term-of-art" argument because the statute uses "injured" rather than "injury," and *Ballentine's Law Dictionary* defines "injured" only by its ordinary meaning.
  • Clarifies that "damages" in § 1964(c) refers to monetary redress, which is distinct from the act of being "injured."
  • Invokes precedents where "injury," "harm," and loss are used interchangeably, including *Sedima, S. P. R. L. v. Imrex Co.*, *Anza v. Ideal Steel Supply Corp.*, and *Hemi Group, LLC v. City of New York*.
  • Relies on *Yegiazaryan v. Smagin* to reject an appeal to common-law principles as inconsistent with the "thrust of § 1964(c)."
  • Distinguishes antitrust law by noting that the Clayton Act's injury requirements are not interchangeable with those of § 1964(c), citing *RJR Nabisco, Inc. v. European Community*.
Separate opinions
Jackson, concurring
  • Argues that the decision aligns with the directive in § 904(a), 84 Stat. 947 that RICO "shall be liberally construed to effectuate its remedial purposes."
Thomas, dissenting
  • Argues the writ of certiorari was improvidently granted because the parties dispute whether a personal injury occurred and have inadequately briefed the meaning of "injured in his business or property."
Kavanaugh, dissenting (joined by Roberts, Alito)
  • Argues that "injured" is a tort-law term of art meaning the "invasion of any legally protected interest," citing *Restatement (Second) of Torts* § 7(1).
  • Contends that RICO excludes personal injuries regardless of downstream financial consequences, relying on *Keogh v. Chicago & Northwestern R. Co.* and *Reiter v. Sonotone Corp.*
  • Invokes the federalism canon, citing *Sackett v. EPA*, to argue against federalizing traditional state-court personal-injury torts.