Will Product Liability Cases Be Getting RICO'd?

Litigation attorney Eric Alexander authored a Drug & Device Law article about the recent U.S. Supreme Court case Medical Marijuana Inc. v. Horn and its potential implications on drug and device product liability litigation. The article examines the Supreme Court's controversial decision to expand the application of the civil Racketeer Influenced and Corrupt Organizations Act (RICO) statute to include certain personal injury cases with economic damages, traditionally excluded under the law. Mr. Alexander analyzes the unusual procedural history of the case and delves into the dissenting opinions that argue against federalizing personal injury claims under RICO. He also addresses how this expansion may affect future product liability cases involving drugs and medical devices, highlighting potential challenges plaintiffs may face in establishing RICO claims in such contexts.

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