News & Analysis as of

Controlled Substances Act RICO

Troutman Pepper

Federal Courts and Cannabis Disputes: A New Perspective from Bartch v. Barch

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On February 1, 2024, Senior United States District Judge R. Brooke Jackson of the United States District Court for the District of Colorado denied Mackie A. Barch (Mackie) and Trellis Holdings Maryland, Inc. (Trellis and...more

Patton Sullivan Brodehl LLP

No RICO Standing for Cannabis LLCs

In business litigation, a plaintiff will sometimes assert a claim under the Racketeer Influenced and Corrupt Organizations Act (RICO), a federal statute at 18 U.S.C. §1961 et seq. RICO provides that it is “unlawful for any...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Cannabis Law

This week, the Court addresses whether plaintiffs may bring civil RICO claims that allege injury to a business that violates federal law. The Court holds that plaintiffs do not have statutory standing under the Racketeer...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Nuisance/RICO: Landowners File U.S. District Court Action Against Oklahoma Licensed Marijuana Cultivation Facility

Keith and Stephanie Grant (collectively “Plaintiffs”) filed a Complaint in the United States District Court (Northern District of Oklahoma) alleging causes of action involving nuisance and violation of the Racketeer...more

King & Spalding

Sixth Circuit Rejects Certification of Novel “Negotiation Class” in Multidistrict Opioid Litigation

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On September 24, 2020, the Sixth Circuit reversed the Northern District of Ohio’s certification of a “negotiation class” in a nationwide prescription opioid MDL, concluding the text of Rule 23 does not permit certification of...more

Carlton Fields

Sixth Circuit Rejects a Novel Concept: Certification of “Negotiation Class” in Opioid Multidistrict Litigation

Carlton Fields on

The Sixth Circuit recently addressed whether a novel negotiation class could be certified to facilitate possible future settlement negotiations in multidistrict litigation (MDL)....more

The Volkov Law Group

U.S. Marijuana Laws Cause Uncertainty for Financial Institutions

The Volkov Law Group on

The quasi-legal status of marijuana in today’s United States is raising serious questions about federalism and enforcement for U.S. financial institutions. It is well known that marijuana is still classified as a Schedule I...more

Blank Rome LLP

Please Don’t Be My Neighbor: Civil RICO Claims against Marijuana Enterprises in Safe Sts. Alliance v. Alternative Holistic...

Blank Rome LLP on

A rise in lawsuits alleging violations of federal RICO and narcotics laws against marijuana growers and related businesses in states that have legalized marijuana has caused a shudder in the industry. Marijuana businesses...more

Burns & Levinson LLP

Healthy Pharms Litigation Dismissed on Eve of Massachusetts Cannabis Sales

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The closely watched Massachusetts cannabusiness case, Crimson Galeria Limited Partnership, et al. v. Healthy Pharms, Inc., et al., has been dismissed. On November 9, 2018, Judge Allison D. Burroughs of the U.S. District Court...more

Bradley Arant Boult Cummings LLP

Safe Streets Alliance v. Hickenlooper Provides Good News, Bad News, and Instructions to the Cannabis Industry and the Financial...

For years, the “legal” cannabis industry – operating in states that have legalized cannabis under state law despite its long-standing prohibition under federal law – and the financial institutions that serve the industry have...more

Burns & Levinson LLP

Case Watch Update: A Deeper Dive into Crimson Galeria Limited Partnership v. Healthy Pharms, Inc.

Burns & Levinson LLP on

Picking up from an earlier post this month post, this week, we’re drilling down into the arguments raised by Century Bank and Trust Company[1]—one of the non-government defendants—as to why the Plaintiffs’ RICO claim against...more

Burns & Levinson LLP

Don’t Make a Federal Case Out of It

Burns & Levinson LLP on

Crimson Galeria Limited Partnership et al (the Plaintiffs) vs. Healthy Pharms, Inc. et al (the Defendants), in Civil Action No. 1:17-cv-11696-ADB (the Complaint), which is currently pending in the United States District Court...more

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