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Hospitality
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April 08, 2024
Atlantic City Hotels Say Gov't Backing Can't Save Pricing Suit
Atlantic City casino-hotels continue to push a New Jersey federal judge to toss room rate price-fixing allegations they say get no help from a U.S. Department of Justice and Federal Trade Commission intervening brief that argued algorithmic collusion is just as liable under antitrust law.
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April 08, 2024
Hotel Co. Comes Out On Top In Passover Fiasco Row
A bench trial over a "Passover celebration gone wrong" at a Pennsylvania hotel ended Friday largely in favor of the hotel operator, with $1,447.60 in contract damages for the caterer plaintiff offset by a $5,164.28 judgment in the hotel's favor for damages allegedly caused by guests who created plumbing issues.
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April 08, 2024
Royal Caribbean Settles Passenger's Suit Over Wife's Death
Royal Caribbean Cruises Ltd. and the husband of a passenger who died of congestive heart failure while on a Mediterranean cruise opted Friday to settle their dispute over whether the cruise company had provided adequate medical care, avoiding a trial set to start Monday.
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April 08, 2024
3 Firms Build $2.3B Hospitality Biz SPAC Merger
Singapore-headquartered Hotel101 Global Pte Ltd., a hotel prop-tech operator pioneering a standardized "condotel" business model, announced Monday that it plans to go public through a merger with blank-check company JVSPAC Acquisition Corp. in a deal built by three firms that will give it an equity value of $2.3 billion post-closing.
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April 05, 2024
Wow Bao Says Customer Can't Prove Kiosk Data Collection
Asian fast-food chain Wow Bao has urged an Illinois state court judge to grant it summary judgment in a biometric privacy suit targeting the company's self-serve kiosks, arguing it cannot be held liable for collecting or possessing data it never in fact had.
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April 05, 2024
Marriott Wants $5M Repair Work Bill Stayed Pending Appeal
Marriott International asked a Colorado federal judge Friday to hold off on enforcing a $5 million judgment it was ordered to pay a construction company over mudslide repair work in Brazil while the hotel appeals the order, noting it has secured a surety bond with Liberty Mutual.
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April 05, 2024
Starbucks Tells Judge Union Dealings Aren't 'Mission Critical'
Starbucks denied Friday that complying with federal labor law was "mission critical" to its business as it urged a Washington state judge to dismiss a shareholder suit accusing company leaders of union busting, which they say tanked Starbucks' reputation.
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April 05, 2024
NJ Smoking Law Violates Casino Workers' Rights, UAW Says
A law preventing smoking in certain indoor workspaces violates New Jersey's Constitution by excluding casino workers, the United Auto Workers alleged Friday in a state court suit against the governor and state health department commissioner.
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April 05, 2024
Skadden-Led Cruise Operator Viking Files $100M IPO
Private equity-backed cruise operator Viking Holdings Ltd. on Friday filed initial public offering plans with a preliminary fundraising estimate of $100 million, represented by Skadden Arps Slate Meagher & Flom LLP and underwriters' counsel Latham & Watkins LLP, hoping to sail into an IPO market that is more inviting lately.
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April 05, 2024
Chinese Insurer Awarded Nearly $15M Over Hotel Theft Suit
A California federal judge awarded a Chinese insurer nearly $15 million in damages after a man accused of conspiring to fraudulently claim ownership of New York City's JW Marriott Essex House Hotel and other luxury properties failed to appear in the action.
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April 04, 2024
'No Madonna Fan' Expects Show At Ticket Time, Singer Says
Madonna, Live Nation and the Barclays Center asked a New York federal judge to toss a lawsuit alleging fans were "lulled" into buying tickets for a show that started two hours late, saying no reasonable concertgoer — "and certainly no Madonna fan" — expects the headliner to begin at the ticketed time.
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April 04, 2024
Fla. Judge Won't Dismiss Suit Claiming Restaurant EB-5 Fraud
A Florida state judge on Thursday declined to dismiss a lawsuit accusing a Miami restaurant group of mismanaging immigrant investors' funds, finding that the investors had successfully alleged fraud against the former manager of the investment company.
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April 04, 2024
Texts Were Intentionally Deleted In Hotel Suit, Investors Say
Two investors have urged a Florida state court to impose severe penalties on the managers of a hotel enterprise after WhatsApp text messages in a $15 million lawsuit were allegedly deleted intentionally, saying the communications were critical to proving that their equity interests were wrongly taken from them.
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April 04, 2024
GRSM50 Accused Of Letting Detroit Hotel Hide Evidence
Former workers at an upscale Detroit hotel suing over their firings urged a Michigan federal judge on Wednesday to sanction the club and disqualify its attorneys at Gordon Rees Scully Mansukhani LLP, alleging it is likely they helped withhold documents and try to intimidate witnesses.
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April 03, 2024
Trampoline Park Can't Arbitrate Injury Suit, Texas Panel Says
A Texas appellate court has ruled a trampoline park operator can't force the parents of a child who broke their arm on its property to litigate personal injury claims since there is evidence the company never formed a contract with the family.
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April 03, 2024
Reba McEntire's Ex-Hubby Loses Bid To Cancel Farm Name TM
The ex-husband of country star Reba McEntire has lost a bid to cancel the trademark "Starstruck Farm" after the man who bought the property kept the name, with a Tennessee federal judge finding that McEntire's former husband, Narvel Blackstock, has not met his burden regarding likelihood of confusion or bad faith to profit off the name.
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April 03, 2024
Family Not 'Trespassers' In Revived Deck Collapse Suit
A Texas appeals panel on Wednesday revived a family's claims against Silverleaf Resorts LLC and Holiday Inn Club Vacation Inc. over injuries from a deck collapse, finding the trial court was wrong to find they were trespassers as a matter of law.
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April 03, 2024
5 Hotel Cos. Defeat Trafficking Claims, 2 Others Settle
An Ohio federal judge gave five hospitality companies early wins against a sex trafficking survivor's liability claims and dismissed two others following undisclosed settlement agreements, bringing an end to the survivor's suit alleging the companies should have seen warning signs and prevented what happened to her.
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April 02, 2024
3rd Circ. Preview: Black Lung, Back Pay On Tap In April
The Third Circuit this month will consider Keystone Coal Mining Co.'s contention that a lower court erred in deeming a miner's black lung a "total disability," while a shuttered rehabilitation facility has asked the court to undo the National Labor Relations Board's determination that it owes unionized employees back pay and bonuses for work done during the COVID-19 pandemic.
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April 02, 2024
Reject Carole Baskin's Defamation Appeal, Fla. Justices Told
The former assistant of Carole Baskin's missing husband urged the Florida Supreme Court not to take up the appeal of a decision reviving her defamation claims against the "Tiger King" star, saying Baskin misrepresented the ruling in her request to the high court to hear the case.
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April 02, 2024
Bally's Investor Says Takeover Bid Exploiting Weakness Of Biz
Bally's Corp. investor K&F Growth Capital has urged the board of directors for the casino operator to reject a $15-per-share takeover bid from its largest shareholder, Standard General, asserting the offer from the investment firm "woefully" undervalues the business.
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April 02, 2024
Casino Outfits Say High Court Must Review Tribal Betting Suit
The U.S. Supreme Court is the correct venue for a case by two casino operators that seek to undo a tribal gaming compact in Florida now that the state's Supreme Court has refused to take up the case, one of the companies has told the nation's highest court.
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April 02, 2024
Rental Co. Sues Family Of Child Who Drowned On Property
A North Carolina beach vacation rental company, facing a negligence lawsuit brought by a father whose son died in one of its pools, has in turn filed suit against the deceased child's extended family members, claiming that any blame for the death should be on their shoulders.
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April 02, 2024
Cemetery Owner Can't Sell Unused Land, NC Panel Rules
The operator of two North Carolina cemeteries couldn't convince the state Court of Appeals to let her section off unused land for a potential sale, with a three-judge panel ruling Tuesday state law forbids her from transferring the property even if remains are not interred.
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April 01, 2024
DeSantis Ducks Mass. Suit Over Migrant Flights
A Massachusetts federal judge has released Florida Gov. Ron DeSantis and most other defendants from a proposed class suit by a group of migrants who claim they were duped into boarding flights to Martha's Vineyard, ruling that the court lacked jurisdiction.
Expert Analysis
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.
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How End Of Forced Arb. Is Affecting Sex Harassment Cases
A little over a year after the Ending Forced Arbitration of Sexual Assault Act became effective, we have started seeing substantive interpretation of the EFAA, almost exclusively from the U.S. district courts in New York, and there are two key takeaways for employers, says Lisa Haldar at Lawrence & Bundy.
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5 Strategies For Restructuring Underperforming CRE Loans
With commercial real estate industry conditions expected to deteriorate further in the coming months, market participants should consider a number of strategies to help resolve challenged investments, ranging from financial restructurings to project phasing, say attorneys at Ballard Spahr.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.
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How To Avoid A Zombie Office Building Apocalypse
With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.
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Legal Profession Must Do More For Lawyers With Disabilities
At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.
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Calif. Whistleblower Decision Signals Change For Employers
Because the California Supreme Court's recent The People v. Kolla's decision significantly expands employee whistleblower protections, employers should ensure that internal reporting procedures clearly communicate the appropriate methods of reporting and elevating suspected violations of law, say Alison Tsao and Sophia Jimenez at CDF Labor Law.
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Opinion
Appellate Funding Disclosure: No Mandate Is Right Choice
The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.
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Avoiding Negative Tax Consequences In Loan Modifications
Borrowers who may be caught in the dramatic uptick in nonperforming commercial real estate loans should consider strategies to avoid income and capital gains tax that may be triggered by loan modifications, says Aman Badyal at Glaser Weil.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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'Varsity Blues' Reversal May Inform Conspiracy Defenses
The First Circuit’s recent decision vacating the convictions of two “Varsity Blues” defendants provides potential support for creative arguments against conspiracy charges, particularly where defense counsel can show competition or indifference among alleged co-conspirators, say Cormac Connor and Emily Mikes at Husch Blackwell.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.