Bloomberg Law
Aug. 21, 2023, 6:01 PM

Fired Worker Gets New Shot at Conspiracy Suit on THC-Free Label

Jennifer Bennett

A former commercial truck driver who lost his job after a positive drug test can try again to hold three companies liable for marketing their pain product as THC-free when it wasn’t, the Second Circuit said Monday.

The Racketeer Influenced and Corrupt Organizations Act doesn’t block plaintiffs from suing simply because economic losses they could otherwise recover stem from a nonrecoverable personal injury, so the lower court was wrong to throw out the trucker’s conspiracy claim, the US Court of Appeals for the Second Circuit said.

Douglas Horn said that he unintentionally ingested tetrahydrocannabinol—the psychoactive ingredient found in cannabis ...

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