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Hospitality
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March 27, 2024
Casino Beats Suit Over Diabetic Customer's Fall
A now-shuttered floating casino that was moored in Lake Michigan can't be held liable for the fall of a longtime patron who injured her hip after tripping in a hallway that connected two boats, an Illinois federal court has ruled, finding the patron couldn't support any element of her premises liability claim.
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March 26, 2024
Albright Told That Choice Hotel's Alice Ax Is 'Premature'
Patent Armory has told Texas federal Judge Alan D. Albright that a bid to dismiss its patent lawsuit against Choice Hotels International is "premature" and should be set aside at least until fact discovery is done and claim construction has been issued.
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March 26, 2024
Ski Resort Corp. Says Sheep Used As Pretext To Ruin Project
Ski resort corporation The Vail Corp. told the Colorado Court of Appeals Monday to revive its workforce housing project after the town of Vail allegedly gave into local opposition against the project and used a local bighorn sheep herd as pretext to condemn the 23.3 acres of land that the ski resort corporation planned to use for the project.
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March 26, 2024
Marriott Guests Call For Sanctions In Discrimination Suit
Marriott Detroit guests claim they are being "improperly" denied discovery in their discrimination and harassment lawsuit against the hotel chain and urged a federal court on Sunday to issue sanctions as a result.
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March 26, 2024
Starbucks Settles Worker's Suit Alleging Manager Groped Her
Starbucks Corp. has settled a lawsuit with an employee who alleged her reports of groping and harassment by a manger resulted in a retaliatory investigation, stunting her career with the coffee chain.
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March 26, 2024
Insurer's Intervention In Sex-Trafficking Coverage Suit Limited
Starr Indemnity & Liability Co. can intervene in another insurer's suit against a hospitality company over coverage for sex trafficking allegations, but only if the other carrier's policy isn't rescinded and the case proceeds to a second phase of litigation, a Texas federal court has ruled.
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March 25, 2024
Texas Hotel REIT Says Blackwells Wants Illegal Proxy Contest
A Texas hotel real estate investment trust asked a Texas federal court Sunday to stop a shareholder vote "from being infected with deception and misinformation," saying a New York-based hedge fund wants to run an illegal proxy contest to take control of the company's board of directors while hiding plans to buy it.
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March 22, 2024
Special District Members Seek To Block Disney Depo Request
Members of the Central Florida Tourism Oversight District asked a state court to block Disney's attempt to depose them in its suit trying to revoke two land use agreements the company signed with the predecessor district board over the property surrounding Walt Disney World.
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March 22, 2024
Ohio Board Upholds $2.2M Hotel Value Cut Due To COVID
The Ohio Board of Tax Appeals upheld a local tax board's decision to lower the value of a hotel property by $2.2 million, saying in an order Friday that the hotel proved COVID-19 led to a reduction in value.
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March 22, 2024
Chancery Denies Midcase Appeal In TripAdvisor Dispute
The Delaware judge who gave TripAdvisor Inc. the go-ahead to convert its corporate home to Nevada while upholding most of a shareholder lawsuit challenging the proposed move has refused to certify a midcase appeal of his ruling, despite what he called "disproportionate media attention" about companies fleeing Delaware.
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March 22, 2024
Del. Courts Examining 'Colonoscopy'-Like Bylaw Rules
Invasive advance-notice bylaws that some observers say make shareholder board nominations as intrusive as a "colonoscopy" are reviving old questions in Delaware courts about how far boards can go to protect themselves against shareholder activism.
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March 21, 2024
Burford, Sysco Get OK To Swap Bid In Price-Fixing Cases
An Illinois federal judge on Thursday agreed to allow an affiliate of legal investment firm Burford Capital to substitute for food giant Sysco in price-fixing litigation against broiler chicken producers, a ruling that comes a month after a Minnesota federal judge refused to allow the same Burford unit to substitute for Sysco in similar pork and beef price-fixing litigation.
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March 21, 2024
8th Circ. Backs Attys' Win In COVID Hotel Eviction Challenge
Two government attorneys did not violate the U.S. Constitution when they gave the green light to a Minnesota police department to forcibly remove a resident from a Super 8 motel in June 2020 amid a COVID-19 era eviction ban, the Eighth Circuit ruled in a precedential opinion Thursday, citing a "dearth of precedent."
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March 21, 2024
Chicago Restaurant Biz Sanctioned For Missing Discovery
A Cook County judge on Wednesday sanctioned the former management group behind celebrated Chicago eatery Maple & Ash and two associated entities for discovery violations, ordering them to pay attorney fees and costs spent seeking their compliance to information requests and warning that escalating penalties could be imposed if violations continue.
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March 21, 2024
Manhattan Pizzeria Owner Indicted On Wage Theft Charges
The owner and a manager of a well-known Manhattan pizzeria were indicted in New York state court Thursday on charges of stealing more than $30,000 in wages from seven employees.
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March 21, 2024
Pa. Justices Won't Review If 'Skill Games' Are Gambling
The Pennsylvania Supreme Court's decision not to hear an appeal from state officials contesting the legality of Pennsylvania Skill games, which are commonly found in bars and restaurants, lets stand a ruling that such games are not illegal gambling machines.
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March 21, 2024
Fla. High Court Won't Take Up Gambling Compact Challenge
The Florida Supreme Court refused Thursday to take up a challenge by two casino operators over the state's gambling pact with the Seminole Tribe, declaring the petition — which says the governor exceeded his authority in signing the pact — is the improper vehicle for assessing the constitutionality of the pact.
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March 20, 2024
7th Circ. Closes Door On Italian Hotel's Virus Coverage Bid
A luxury Italian hotel has no coverage for certain coronavirus-related losses, the Seventh Circuit affirmed on Wednesday, saying that the hotel's own filings contradicted its claim that it suffered a covered physical loss.
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March 20, 2024
Health And Safety Top Risk For Directors, Global Survey Says
Health and safety is the top risk for directors and officers worldwide, according to a survey published Wednesday, in a "surprise" result partly attributed to the lingering impact of the COVID-19 pandemic on businesses and increasing mental health considerations.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 19, 2024
Bettors' Appeal Over Doped Derby Horse Heard By 6th Circ.
Bettors on the 2021 Kentucky Derby who did not bet on winner Medina Spirit can't claim negligence or damages in court, even though the horse was later disqualified for failing a drug test, an attorney for Churchill Downs told a Sixth Circuit panel on Tuesday.
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March 19, 2024
McDonald's Franchisee's Ch. 11 Plan Approved With Deal
A Pittsburgh McDonald's franchisee received court approval Tuesday for its Chapter 11 plan after also getting the nod on a $4.35 million settlement with a former employee who was sexually assaulted as a minor by her manager at one of the debtor's restaurants.
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March 19, 2024
Staffing Co. Owner Gets 4 Years For Hiring Untaxed Labor
The owner of a staffing company in Key West, Florida, that hired untaxed and unauthorized workers was sentenced by a Florida federal judge to four years in prison and ordered to pay $3.5 million in restitution to the U.S. government, according to court documents.
Expert Analysis
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What Upholding Of Short-Term Rental Law Means For NYC
A New York state judge's dismissal of Airbnb's challenge against the Short-Term Rental Registration Law will benefit the city's hospitality industry and exert downward pressure on apartment rents, and potentially provide a model for other local governments around the U.S. to curb short-term apartment rentals, says Alexander Lycoyannis at Holland & Knight.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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The 7 Most Notable FCRA Cases Of 2023 So Far
Both consumer reporting agencies and furnishers should take note of Fair Credit Reporting Act decisions by federal district and appellate courts so far this year, especially those concerning dispute processing and the distinction between legal and factual inaccuracies, say attorneys at Troutman Pepper.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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Upcoming High Court ADA Cases May Signal Return To Basics
Recent cases, including Acheson Hotels v. Laufer, which will be heard by the U.S. Supreme Court in October, raise a fundamental question of whether Americans with Disabilities Act litigation has spiraled out of control without any real corresponding benefits to the intended beneficiaries: individuals with true disabilities, says Norman Dupont at Ring Bender.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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Series
In A 'Barbie' World: Questions On Kid Brands In Gambling Ads
A recent "Barbie" film marketing partnership with a casino raised some eyebrows as the iconic children's toy brand was being used to promote gambling in possible contravention of advertisement regulations for adult activities, but the campaign's particularities signal that the shtick may comport with responsible ad principles after all, says Abbey Block at Ifrah Law.
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Ch. 11 Ruling Sets New Standard For Using Reinstatement
A New York bankruptcy court’s recent ruling in Golden Seahorse, which concluded that Section 365(b)(2)(D) of the U.S. Bankruptcy Code only creates a cure exception for nonmonetary defaults, sets a high bar for challenging the requirement to pay default interest as a condition to reinstatement of a loan agreement under a Chapter 11 plan, says Debra Dandeneau at Baker McKenzie.
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For Tribes, Online Gambling May Soon Be A Safe Bet
The Bureau of Indian Affairs' proposed changes to the Indian Gaming Regulation Act would expressly allow tribes to execute compacts with states that enable online gambling and sports betting activities, strengthening tribes' ability to position themselves in the gambling industry despite protests from casino operators, says Blair Will at Hall Estill.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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Cannabis Consumption Lounges Face Unique Liability Risks
As state laws regulating cannabis consumption lounges proliferate, operators must follow certain best practices to effectively address issues like air quality concerns and California Proposition 65 warnings, says Lauren Mendelsohn at the Law Offices of Omar Figueroa.