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Hospitality
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November 20, 2024
Texas Court Tosses $800K Verdict In Bar Shooting Suit
A Texas appeals court has thrown out a jury's $816,000 verdict in a suit blaming a bar for serving alcohol to an underage man who later shot two patrons multiple times, saying there was insufficient evidence that the attack was foreseeable.
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November 20, 2024
TGI Fridays Gets OK On Bid Process As It Seeks Out Buyers
A Texas bankruptcy judge on Wednesday approved TGI Fridays' procedures for contacting and selecting prospective buyers for its assets after the struggling restaurant chain said it was in discussions with at least 21 potential bidders.
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November 19, 2024
Pennsylvania Justices Doubt Gaming Board's Morality Calls
An attorney for Pennsylvania's Gaming Control Board struggled to convince the state Supreme Court on Tuesday that an application for a license to operate video game terminals should be denied because the applicants were involved in the skill games business, which the board views as unsavory.
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November 19, 2024
Detroit Casino Must Face Narrowed COVID Vax Bias Suit
A Michigan federal judge refused to toss a religious bias suit from a worker who said the MGM Grand Detroit fired him for refusing to get a COVID-19 vaccination, ruling a jury should decide whether the casino could have accommodated his beliefs by letting him skip the jab.
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November 18, 2024
5th Circ. Indicates DOT Airline Fees Rule May Need Reworking
A pair of Fifth Circuit judges signaled Monday that the U.S. Department of Transportation may have to rework its rule requiring airlines to more clearly disclose add-on fees upfront, suggesting that it might be too costly for airlines to comply with the mandate and consumers would be overloaded with information.
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November 18, 2024
9th Circ. Judges Seem Split In Trans Woman's Spa Bias Case
Ninth Circuit judges debated Monday whether a nude Korean spa's ban on patrons who "present" as male discriminates against transgender women without gender-affirming surgery, with one judge asking how it was different from barring Black patrons and another who went to a similar spa as a boy in Korea seeming to suggest customers had a right to choose whom to be naked in front of.
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November 18, 2024
Mich. Justices Spurn Restaurant Group's COVID Appeal
The Michigan Supreme Court has turned down an appeal from a bar and restaurant association seeking to recoup its members' lost profits from the state's enforcement of COVID-19 public health measures, after tossing individual restaurants' claims earlier this year.
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November 18, 2024
1st Circ. Denies Lizzie Borden House Infringement Claim
The First Circuit won't bar a Massachusetts coffee shop from using the first name of historical figure Lizzie Borden and an image of an ax, finding that the company that owns and runs Borden's family home as a museum and bed and breakfast is unlikely to prove a trademark infringement claim.
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November 18, 2024
Bally's Casino Defeats Suit Over Offsite Robbery of Patron
A Boston federal judge ruled Monday that a Bally's casino in Rhode Island can't be held liable for the robbery of a patron who was followed out of the premises and attacked 50 miles away at a service plaza in Massachusetts.
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November 15, 2024
3rd Circ. Won't Rehear Moroccan Hotel Fight Over $60M Award
The Third Circuit has declined to rethink its decision reviving a dispute over the enforcement of a $60 million arbitral award favoring the current owner of a luxury hotel in Casablanca, despite an investment group's claims that the ruling is unprecedented and disregards well-established Delaware law.
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November 15, 2024
Bid To Exit Sub Death Suit Premature, Explorer's Family Says
The family of the French explorer who died in the Titan submarine implosion has hit back at the OceanGate CEO family's bid to exit the wrongful death suit, saying that the family is oversimplifying the case and that there are too many moving parts to warrant dismissal this early in the case.
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November 15, 2024
Taxation With Representation: Cravath, MoFo, Gibson Dunn
In this week's Taxation With Representation, Cardinal Health takes a majority stake in GI Alliance and acquires Advanced Diabetes Supply Group, Just Eat offloads Grubhub to Wonder Group, Rivian Automotive and Volkswagen Group launch a joint venture, and Ovintiv Inc. buys Montney Basin assets from Paramount Resources Ltd.
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November 15, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Ocado file an intellectual property claim against an African fruit and vegetable importer, a claim filed against a Swiss bank founded by Indian billionaire Srichand Parmanand Hinduja and 300 individuals sue travel company TUI. Here, Law360 looks at these and other new claims in the U.K.
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November 14, 2024
Cherokee Nation Can't Get Ark. Casino Amendment Blocked
An Arkansas amendment that revokes the casino gaming license of a Cherokee Nation tribal entity has taken effect after a federal district court judge denied a bid to block the measure while also dismissing the state and its racing commission as defendants in the litigation.
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November 13, 2024
Docks Co. Urges 11th Circ. To Rehear Split Cuba Port Ruling
Havana Docks Corp. has urged the Eleventh Circuit to grant a full panel rehearing over the court's split ruling to reverse a $440 million win against several luxury cruise companies for using a Cuba port terminal that was confiscated by the country's government, saying the ruling by a three-judge panel contradicted the law.
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November 13, 2024
Boston Says Celebrity Chef Owes $1.6M In Taxes
The city of Boston is taking celebrity chef Barbara Lynch to court, alleging that for more than a decade she has failed to pay over $1.6 million in personal property taxes for her group of restaurants, which she is in the process of closing and attempting to sell.
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November 13, 2024
4th Circ. Won't Rethink Ex-Development Director's Wage Case
The Fourth Circuit declined Wednesday to reconsider its decision affirming a North Carolina city's win on a former development director's claims for unpaid overtime, turning down the former employee's argument that the record did not make clear that she was classified as exempt under federal law.
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November 13, 2024
3rd Circ. Wary Of Easing Cheesesteak Shop Owner's Sentence
Third Circuit judges seemed mostly skeptical of overturning an extension to the prison sentence of a Philadelphia cheesesteak shop owner who admitted to paying employees off the books, saying during oral arguments it was unclear whether the employees should be considered co-conspirators in the tax fraud.
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November 13, 2024
Firms Seek To Ax 'Retaliatory' Suit Over Arbitration Demands
Two plaintiffs law firms urged a D.C. federal court to toss a suit from two casino-style gaming websites that accuse the firms of filing meritless arbitrations against them, telling a judge during a hearing Wednesday that the litigation is retaliatory and has no ties to Washington, D.C.
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November 12, 2024
Trump Taps Elon Musk To Head New 'Gov't Efficiency' Dept.
President-elect Donald Trump announced Tuesday that billionaire Elon Musk and former presidential candidate Vivek Ramaswamy will lead a newly created "Department in Government Efficiency" for his administration come January.
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November 12, 2024
Catfished Ex-NBA Player Says Atty Stole Cash, Blew Film Deal
A former NBA player is suing his longtime attorney for legal malpractice in Colorado state court, claiming the attorney stole his money and failed to protect his intellectual property rights while negotiating the terms of a documentary deal about his victimization in an elaborate online catfishing scheme.
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November 12, 2024
Spa Worker's Claim Against Cruise Line Heads To Arbitration
A Florida federal judge on Tuesday punted on deciding if Norwegian Cruise Line could push claims brought by a ship worker into Bahamian arbitration despite not actually being a signatory of that contract, opting to allow the parties to take the dispute into mediation.
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November 12, 2024
Arkansas Fights Bid To Block Cherokee Casino Amendment
Arkansas is looking to dismiss a challenge by two Cherokee Nation businesses that seeks to block an amendment revoking one of the tribal entities' casino gaming license, arguing that "the glaring obstacle" of the Eleventh Amendment bars lawsuits against states in federal court.
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November 08, 2024
Tort Report: Royal Caribbean Spycam Victim Seeks Class Suit
A proposed class action over Royal Caribbean Cruises Ltd.'s alleged failures regarding an employee's surreptitious installation of cameras in passengers' cabins and a D.C. Circuit ruling on a gun magazine ban 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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November 08, 2024
Ill. AG Strikes $11M Deal With DoorDash Over Driver Tips
DoorDash has agreed to pay $11.25 million to resolve a lawsuit accusing it of violating Illinois consumer protection law by misrepresenting to its users that drivers would keep 100% of their tips, according to a consent decree reached with the state.
Expert Analysis
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence
Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.
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TTAB Ruling May Broaden Alcohol Trademark Analysis
A February U.S. Trademark Trial and Appeal Board decision that wine is inherently related to bars and cocktail lounges for trademark protection purposes appears to broaden the scope of exclusivity, highlighting that the more similar the marks, the less related the products must be for the TTAB to refuse registration, says William Borchard at Cowan Liebowitz.