'Just Silly'?: Civil RICO Claims Skyrocket Following Supreme Court's CBD Decision

October 23, 2025

Cadwalader partner Martin Weinstein was recently quoted in The National Law Journal discussing the rise in civil RICO claims following the U.S. Supreme Court’s decision in Medical Marijuana Inc. v. Horn.

The Supreme Court’s April 2025 ruling allowed a plaintiff’s civil RICO claims against a CBD producer to proceed, contributing to a 108% year-over-year increase in RICO filings.

Martin noted that “the practical implications of the decision... are not helpful in terms of curbing the misuse of civil RICO.” He added that “for better or worse, this is not a new debate,” emphasizing that RICO “was envisioned as a way to fight organized crime” and that “no one ever equated racketeering with business conduct.”

Martin also observed that once a plaintiff’s civil RICO claims survive a motion to dismiss, “that’s just another bit of leverage to try to get more money out of the defendant.”

Read the full article here.