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Hospitality
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August 16, 2024
Airbnb Says Travel Insurance Fee Fight Must Be Arbitrated
Airbnb and an Italian insurer are urging a California federal court to send a proposed class action over allegedly unfair fees on travel insurance policies to arbitration, arguing Thursday that the plaintiffs are ignoring an arbitration clause they had to sign to use the Airbnb platform.
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August 16, 2024
Burger King Sued For Books In Del. On Big Site Buy
Burger King investors filed a Delaware Court of Chancery lawsuit Friday seeking a look at the burger chain's books and records on the merger with its parent company, Restaurant Brands International Inc., arguing the information is necessary to confirm whether the deal was fair.
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August 16, 2024
Servers Get Partial Win In Tip Suit Against Restaurant Chain
Servers claiming a restaurant chain violated tip credit regulations can snag a partial win in their suit, an Ohio federal judge ruled, saying they performed enough untipped work, but they didn't spend enough time performing tip-supporting tasks.
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August 16, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Barry Manilow sued by music rights company Hipgnosis, a struck-off immigration lawyer take on the Solicitor's Disciplinary Tribunal and the former CEO of a collapsed bridging loan firm start proceedings against the FCA. Here, Law360 looks at these and other new claims in the U.K.
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August 15, 2024
Stop 'Pointing Fingers,' Judge Tells Blue Cross, Mich. Tribe
A Michigan federal judge on Wednesday urged counsel in a Native American tribe's lawsuit alleging Blue Cross Blue Shield of Michigan improperly billed for members' healthcare to heed his repeated advice and focus on the merits of the case, denying both parties' attempts to punish the other.
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August 15, 2024
Fla. Judge Rules Miami Official's Salary Can't Be Garnished
A Florida federal judge recommended the dissolution of a garnishment levied against the salary of a Miami elected official who a jury said owes $63.5 million for civil rights violations, saying the evidence shows that he qualifies for a head-of-household exemption.
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August 14, 2024
Fla. Gratuity Platform Alleges Toast Stole Trade Secrets
Gratuity Solutions LLC accused Boston-based Toast Inc. of misappropriating trade secrets in a lawsuit brought Wednesday in Florida federal court, alleging that executives from the point-of-sale software company stole confidential information after a failed bid to merge the two companies.
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August 14, 2024
Top Stories From Real Estate's Latest Quarterly Updates
Catch up on the headlines made by the largest public real estate companies during their latest quarterly earnings calls with investors, from data centers and lease deals to market forecasts and casinos.
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August 14, 2024
NY Judge Tosses Noise Suit Against Queens Tennis Club
A New York state judge on Tuesday dismissed a Queens nonprofit's nuisance suit against The West Side Tennis Club, which was accused of being responsible for excessive noise coming from concerts held at its century-old outdoor stadium in the borough's Forest Hills neighborhood.
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August 14, 2024
Texas AG Threatens Suit Over Dallas State Fair's Firearms Ban
Texas Attorney General Ken Paxton has threatened to sue the city of Dallas if it doesn't reverse a policy prohibiting state fair patrons from bringing firearms into the fairgrounds.
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August 14, 2024
FTC Finalizes Rule To Crack Down On Fake Online Reviews
The Federal Trade Commission on Wednesday announced it has finalized a rule to thwart marketers from using false reviews and testimonials, cementing the agency's authority to seek civil penalties from knowing violators for a host of misconduct including the use of AI-generated fake reviews.
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August 14, 2024
Future Claim Question Clouds Chancery Trampoline Park Deal
A Chancery Court settlement that would assure founding investors in a chain of trampoline parks a fair stake in the company despite a controller's allegedly self-interested loans stopped just short of approval Wednesday, with a vice chancellor seeking assurances that the deal will pass state Supreme Court muster.
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August 14, 2024
$24M Hidden Fee Deal With AIG Opposed By Class Member
A member of a class of travel insurance buyers who accused AIG insurers of stacking hidden fees on top of insurance travel premiums urged a California federal court to reject a nearly $24 million proposed settlement, saying it inappropriately combines distinct California and Washington claims.
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August 13, 2024
Tort Report: Disney Blasted For 'Absurd' Arbitration Bid
A Disney unit's unconventional bid to arbitrate a wrongful death suit and a hefty crash suit verdict out of California lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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August 13, 2024
Ski Resort, Insurer End COVID Closure Suit Days Before Trial
Colorado ski resort company Alterra and its insurer agreed to settle a lawsuit over coverage for coronavirus pandemic shutdowns, shortly after a state judge limited Alterra's potential recovery to $1 million.
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August 12, 2024
New Trial Ordered, $13M Award Nixed In Miami Assault Suit
A Florida state judge has vacated a $13 million verdict against a Miami security company and one of its employees and ordered a new trial in the suit over an altercation between the employee and a nightclub patron, finding the defendants were wrongly barred from presenting certain defenses and evidence.
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August 12, 2024
Gamers Freed From Arbitration Take On Valve's 30% Cut
Valve, the operator of the dominant PC game marketplace Steam, is facing a new proposed class action accusing the company of monopolizing the gaming market to artificially inflate prices, this time from a group of plaintiffs who say they have overcome the company's arbitration agreements.
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August 12, 2024
Insurer Says No Coverage For Hotel In Sex Trafficking Case
An insurer told a Virginia federal judge it didn't owe coverage to a hotel owner accused of participating in sex trafficking at its Super 8 Motel turned Quality Inn, because criminal acts were not covered under state rules or by the policy.
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August 12, 2024
Casino Worker Says Unpaid OT Complaints Got Him Fired
A casino operator deducted lunch periods from a worker's paychecks despite him not taking those breaks and then fired him in retaliation for complaining about his missing wages and flagging possible fraud, a complaint filed in New York federal court said.
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August 09, 2024
Guarantors Ink Deal To End 11th Circ. Appeal Of $8.7M Award
Guarantors facing an $8.7 million judgment on a hospitality lender's breach claim have settled the matter stemming from an unpaid $6.2 million loan for a Michigan hotel, according to an Eleventh Circuit filing.
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August 09, 2024
Domino's Drivers' Attys Urge Court To Reject Sanctions Bid
Attorneys for Domino's Pizza delivery drivers alleging the company doesn't properly reimburse for mileage expenses have implored a Michigan federal judge not to sanction them, saying they weren't aware of arbitration agreements the company alleges should preclude the action until Domino's produced them.
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August 09, 2024
Liberty Mutual Must Face Eatery's Suit Over Injury Claim
The Connecticut state appeals court on Friday revived a restaurant's lawsuit against Liberty Mutual Insurance Co. stemming from a workers' compensation claim, ruling that an administrative board that initially sided with the insurer lacked jurisdiction over the matter.
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August 09, 2024
Colo. Panel Says Vail Resorts' Land Spat With Town Is Moot
The Colorado Court of Appeals has ruled against Vail Resorts in its suit challenging a local ordinance that allegedly blocked the company's development of 23.3 acres of land that was subsequently taken by the town via eminent domain.
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August 09, 2024
Palm Owner Says Its Ch. 11 Should Halt Ex-GC's Bias Suit
The bankrupt parent company of iconic steakhouse chain The Palm Restaurant wants a federal court to halt a lawsuit filed by its ousted general counsel because its 2019 bankruptcy case has not been dismissed.
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August 08, 2024
Calif. Justices Side With Hartford Unit In Virus Coverage Fight
The California Supreme Court on Thursday reversed an appellate court's finding that a virus endorsement rendered a restaurant's policy illusory in a coverage dispute with a Hartford entity over pandemic-related losses, instead ruling that the endorsement clearly provides coverage "only if the virus results from certain specified causes of loss."
Editor's Picks
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Foley Reps Hospitality REIT In $260M Buy Of Texas Property
Foley & Lardner LLP said it has represented real estate investment trust Ryman Hospitality Properties Inc. in its $260 million acquisition of the Block 21 mixed-use development complex that occupies an entire city block in downtown Austin, Texas.
Expert Analysis
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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DOJ Paths To Limit FARA Fallout From Wynn's DC Circ. Win
After the D.C. Circuit’s recent Attorney General v. Wynn ruling, holding that the government cannot compel retroactive registration under the Foreign Agents Registration Act, the U.S. Department of Justice has a few options to limit the decision’s impact on enforcement, say attorneys at MoFo.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries
A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.