DURHAM, New Hampshire — Donald Trump’s upcoming court calendar is creating a logistical headache for his presidential campaign.
“It’s a scheduling nightmare,” Trump senior adviser Susie Wiles told reporters Saturday. “There’s no way to sugarcoat that.”
Already ricocheting from the courtroom to the campaign trail, Trump’s bid for a second term is now on a collision course with court dates for the myriad legal challenges he’s facing.
Testimony in Trump’s civil fraud trial in New York wrapped Wednesday. Lawyers on both sides will have until Jan. 5 to submit written statements before they return to court Jan. 11, just four days ahead of the Iowa caucuses Jan. 15. The civil trial for writer E. Jean Carroll’s defamation suit is scheduled to start the same day as the caucuses.
And the trial in his federal election interference case is slated to start the day before Super Tuesday, though a judge put the case on hold as Trump’s team argues for its dismissal.
Wiles said Trump’s campaign is frontloading his schedule in anticipation that legal proceedings may disrupt his campaign.
He’s campaigning in three states in four days, jetting from New Hampshire, where he drew thousands of MAGA faithful for his first arena rally in the state this cycle, to Nevada on Sunday and Iowa on Tuesday.
Trump’s team has also tried to turn the closely watched drama playing out in the courtrooms to his advantage. Trump was only required to be in the New York courtroom once for his civil fraud trial, but he appeared there eight times, often holding court with the media outside.
Meanwhile, Wiles said she doesn’t expect the frontrunner for the GOP nomination will suddenly start participating in the Republican primary debates he’s so far shunned, even as his lower-polling rivals push him to appear at upcoming forums in Iowa and New Hampshire.
“He’ll be here plenty,” Wiles said in New Hampshire. “But I don’t think he’s going to get on the debate stage.”
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<img src="https://api.follow.it/track-rss-story-loaded/v1/qvW65OiPjvfJtkx-qURPfXn9ye8UNv30" border=0 width="1" height="1" alt="Divided court approves civil RICO liability for injuries from CBD product" title="Divided court approves civil RICO liability for injuries from CBD product"> <img width="150" height="150" src="https://www.scotusblog.com/wp-content/uploads/2025/04/IMG_2837-2-150x150.jpeg" class="attachment-thumbnail size-thumbnail wp-post-image" alt="Divided court approves civil RICO liability for injuries from CBD product" title="Divided court approves civil RICO liability for injuries from CBD product" style="float:right;" decoding="async" srcset="https://www.scotusblog.com/wp-content/uploads/2025/04/IMG_2837-2-150x150.jpeg 150w, https://www.scotusblog.com/wp-content/uploads/2025/04/IMG_2837-2-570x570.jpeg 570w, https://www.scotusblog.com/wp-content/uploads/2025/04/IMG_2837-2-500x500.jpeg 500w, https://www.scotusblog.com/wp-content/uploads/2025/04/IMG_2837-2-1000x1000.jpeg 1000w" sizes="(max-width: 150px) 100vw, 150px" /><p><a class="a2a_button_facebook" href="https://www.addtoany.com/add_to/facebook?linkurl=https%3A%2F%2Fwww.scotusblog.com%2F2025%2F04%2Fdivided-court-approves-civil-rico-liability-for-injuries-from-cbd-product%2F&linkname=Divided%20court%20approves%20civil%20RICO%20liability%20for%20injuries%20from%20CBD%20product" title="Facebook" rel="nofollow noopener" target="_blank"></a><a class="a2a_button_linkedin" href="https://www.addtoany.com/add_to/linkedin?linkurl=https%3A%2F%2Fwww.scotusblog.com%2F2025%2F04%2Fdivided-court-approves-civil-rico-liability-for-injuries-from-cbd-product%2F&linkname=Divided%20court%20approves%20civil%20RICO%20liability%20for%20injuries%20from%20CBD%20product" title="LinkedIn" rel="nofollow noopener" target="_blank"></a><a class="a2a_button_twitter" href="https://www.addtoany.com/add_to/twitter?linkurl=https%3A%2F%2Fwww.scotusblog.com%2F2025%2F04%2Fdivided-court-approves-civil-rico-liability-for-injuries-from-cbd-product%2F&linkname=Divided%20court%20approves%20civil%20RICO%20liability%20for%20injuries%20from%20CBD%20product" title="Twitter" rel="nofollow noopener" target="_blank"></a><a class="a2a_button_email" href="https://www.addtoany.com/add_to/email?linkurl=https%3A%2F%2Fwww.scotusblog.com%2F2025%2F04%2Fdivided-court-approves-civil-rico-liability-for-injuries-from-cbd-product%2F&linkname=Divided%20court%20approves%20civil%20RICO%20liability%20for%20injuries%20from%20CBD%20product" title="Email" rel="nofollow noopener" target="_blank"></a><a class="a2a_button_printfriendly" href="https://www.addtoany.com/add_to/printfriendly?linkurl=https%3A%2F%2Fwww.scotusblog.com%2F2025%2F04%2Fdivided-court-approves-civil-rico-liability-for-injuries-from-cbd-product%2F&linkname=Divided%20court%20approves%20civil%20RICO%20liability%20for%20injuries%20from%20CBD%20product" title="PrintFriendly" rel="nofollow noopener" target="_blank"></a><a class="a2a_dd addtoany_no_icon addtoany_share_save addtoany_share" href="https://www.addtoany.com/share#url=https%3A%2F%2Fwww.scotusblog.com%2F2025%2F04%2Fdivided-court-approves-civil-rico-liability-for-injuries-from-cbd-product%2F&title=Divided%20court%20approves%20civil%20RICO%20liability%20for%20injuries%20from%20CBD%20product" data-a2a-url="https://www.scotusblog.com/2025/04/divided-court-approves-civil-rico-liability-for-injuries-from-cbd-product/" data-a2a-title="Divided court approves civil RICO liability for injuries from CBD product">Share</a></p><p>The Racketeer Influenced and Corrupt Organizations Act provides for federal criminal and civil penalties for harms from “racketeering.” Wednesday’s ruling in <a href="https://www.scotusblog.com/case-files/cases/medical-marijuana-inc-v-horn/"><em>Medical Marijuana, Inc v. Horn</em></a>, like so many of the court’s RICO decisions, involves the civil penalties.</p>
<p>Douglas Horn was fired from his commercial truck driving job after he ingested a product marketed as including only CBD (cannabidiol, which is completely legal) rather than THC (tetrahydrocannabinol, which continues to be illegal in many contexts) and failed a drug test. Justice Amy Coney Barrett’s opinion for a sharply divided court on Wednesday upheld liability for damages to a business or property that flow from personal injury, a win for Horn at this stage. The case now will return to the lower court. <span id="more-319454"></span></p>
<p>The question before the court involves the RICO clause that requires the claimant to show that it has been “injured in [it]s business or property.” For Barrett, it is wholly irrelevant that an injury to business or property might have been preceded by, or flowed from, a personal injury. She acknowledges that the statute “does not allow recovery for all harms,” because the “explicit permi[ssion of] recovery for harms to business and property … implicitly excludes recovery for harm to one’s person.” For her, though, that requirement “operates with respect to the <em>kinds </em>of harm for which the plaintiff can recover, not the <em>cause </em>of the harm for which [it] seeks relief.” She offers the example of “the owner of a gas station [who] is beaten in a robbery.” He “cannot recover for his pain and suffering. But if his injuries force him to shut his doors, he can recover for the loss of his business.” In other words, she writes, “a plaintiff can seek damages for business or property loss regardless of whether the loss resulted from a personal injury.”</p>
<p>Barrett presents the main argument of the defendants (led byMedical Marijuana, Inc., one of the the businesses that made the THC-laced CBD products at the center of the case) as viewing the reference to a plaintiff “injured” in a particular way as having a “specialized” meaning under which the originating injury must be “an invasion of a business or property right” that amounts to “a business or property tort.” Under that theory, because the initial invasion here was purely personal (ingestion of Medical Marijuana products), Medical Marijuana would face liability. But Barrett finds that in the contest between “an ordinary and specialized meaning,” the “context cuts decisively in favor of ordinary meaning,” largely because the specialized meaning is most common for references to a type of “injury” rather than to the people that are “injured.”</p>
<p>The defendants also urge the court to look to antitrust cases requiring allegations of “business or property injuries” to “track common-law torts.” Barrett rejects that argument, agreeing that the court’s “modern antitrust precedent forecloses recovery for certain economic harms” because of the court’s decision “to require … an injury of the type the antitrust laws were intended to prevent.” Previous cases, though, have conclude that “transplanting this … interpretation … into the RICO context would be inappropriate,” so she declines to do it here.</p>
<p>Barrett closes with caution, emphasizing that Horn’s case faces many obstacles. “First and foremost,” she notes, RICO requires a “direct” relation between the injury and the racketeering conduct: “The key word is ‘direct’; foreseeability does not cut it. … Given the number of steps in Horn’s theory …, this requirement may present an insurmountable obstacle in his case.” Second, she points to the requirement of a “pattern” of racketeering activity. Here, “harm resulting from a single tort is not a ticket to federal court for treble damages,” so Horn will need to persuade the lower courts that there was not only a single wrongful act, but multiple acts.</p>
<p>Justice Clarence Thomas dissented, writing with some frustration that by the time the case came to oral argument the contentions of the parties were so far removed from those presented in the original papers that the court should have dismissed the case as improvidently granted. His comments echo the complaint of Justice Samuel Alito in Monday’s argument in <em><a href="https://www.scotusblog.com/case-files/cases/rivers-v-lumpkin/">Rivers v. Guerrero</a> </em>about a “mini epidemic of cert petitions” that lead to arguments on the merits that are “quite a bit different from what we were sold at the petition stage.”</p>
<p>Justice Brett Kavanaugh, joined by Chief Justice John Roberts and Alito, filed a separate and vigorous dissent, expressing deep concern about the federalization of garden-variety tort litigation.</p>
<p>Despite the tone of the dissents, Barrett’s opinion seems to resolve the case on grounds that will not resonate widely in civil RICO litigation. Though only time will tell, my guess is that the case will not cause a substantial uptick in that area.</p>
<p>The post <a href="https://www.scotusblog.com/2025/04/divided-court-approves-civil-rico-liability-for-injuries-from-cbd-product/">Divided court approves civil RICO liability for injuries from CBD product</a> appeared first on <a href="https://www.scotusblog.com">SCOTUSblog</a>.</p>