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Cannabis Business Lacks Standing

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Shulman v. Kaplan, 58 F.4th 404 (9th Cir. 2023)

A plaintiff claiming loss or damage to its cannabis business cannot bring a federal RICO suit against the defendant causing that damage.  Though legal under California law, a cannabis business is illegal under federal law and so cannot be recognized as "business or property" injury to which might confer statutory standing t sue for a RICO violation. Read More