The commercial litigation landscape for CBD, hemp and marijuana is constantly evolving as federal and state courts issue decisions that impact investors, commercial contracts, employment issues, intellectual property and insolvency. The CannaBizDisputes™ blog regularly tracks and reports on these developments.
Potential RICO liability for marijuana producer.
On January 13, the Superior Court of New Jersey, Appellate Division, found that New Jersey’s Medical Marijuana Act was not preempted by the federal Controlled Substances Act, and that the defendant was required to reimburse its former employee for the cost of his medical marijuana pursuant to the State’s Workers’ Compensation Act.
Is breaking up hard to do? Potential buyer uses litigation and arbitration to try to avoid acquisition
Potential buyer uses litigation and arbitration to try to avoid acquisition.
California federal court lights the way for cannabis companies to avoid costly class action litigation
A recent decision from the Northern District of California provides a useful roadmap for how companies in the cannabis industry might successfully stave off class action lawsuits by ensuring that their disputes are resolved through arbitration.
Judge Schecter compels arbitration of marijuana investment dispute based on corporate governance documents
Judge Schecter recently compelled arbitration in a dispute between cannabis investors in Broumand v. Abbot, No. 655954/2018, 2019 WL 4899058 (N.Y. Sup. N.Y. Cnty.), based solely on corporate governance documents rather than a signed arbitration agreement.
Federal courts experiencing uptick in cannabis-related employment litigation.
California federal court splits the baby in cannabis IP decision.
Supreme Court denies Certiorari in cannabis case.
Second Circuit Emphatically Inserts Itself Into the Federal Cannabis Debate.
New York Court orders production of plaintiff’s cannabis dispensary records.
Illinois Appellate Court contemplates a court-run cannabis dispensary.
California federal court dismisses civil RICO claims, but cannabis businesses may face increased risk going forward
California federal court dismisses civil RICO claims, but cannabis businesses may face increased risk going forward.
District of Nevada declines to dismiss cannabis-related contract dispute.