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February 13, 2024
Colo. Justice Says Something 'Wrong' With Ski Lift Waivers
A Colorado Supreme Court justice appeared unsettled on Monday by a ski resort's argument that it could free itself from most liability by requiring guests to sign waivers before riding a ski lift, saying the industry seems to be subverting the will of state lawmakers.
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February 13, 2024
Hotel Rental Co. Hid Litigation And Failed Deal, Suit Says
Real estate company LuxUrban Hotels has been hit with a proposed class action alleging it lied about a 25-year deal with the Royalton Hotel in New York and multiple lawsuits over unpaid rent, which it says caused shares to decline after a short-seller report disclosed the issues.
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February 13, 2024
Starbucks Made Statements With Actual Malice, Union Says
Workers United accused Starbucks of posting statements with actual malice that relate to the union's now-deleted tweet saying "Solidarity with Palestine," telling a Pennsylvania federal court that the coffee chain implied that the union "committed a felony."
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February 13, 2024
NY Court Refuses To Toss E. Coli Suit Against Salad Chain
A New York appellate panel on Tuesday refused to toss a suit seeking to hold Chopt Creative Salad Co. LLC liable for a woman's E. coli food poisoning, allegedly due to eating contaminated spinach in a sandwich, saying that she had shown sufficient testimony and tests to go to trial.
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February 13, 2024
ESPN Bet To Launch In NY After Sports Betting Licenses Deal
Penn Entertainment Inc. revealed Tuesday that it is acquiring New York mobile sports wagering licenses from Kirkland & Ellis LLP-advised Wynn Interactive Holdings for $25 million, allowing the entertainment giant to launch ESPN Bet in the state.
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February 13, 2024
Ex-DraftKings Exec's Attys Seek $310K For Court Pingpong
Lawyers for a former DraftKings Inc. executive who recently defected to rival Fanatics are seeking more than $310,000 in attorney fees, arguing the amount is reasonable and would cover their work for two "objectively unreasonable" removals of the case to federal court by DraftKings, behavior they called "disturbing litigation conduct."
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February 13, 2024
Catching Up With Delaware's Chancery Court
A pizza chain, an energy company, a medical-device maker and a Manila casino were all hit with book-and-record demands last week in Delaware's Court of Chancery. A shoe company also walked away from a shareholder suit, two cryptocurrency companies tallied the costs of a broken merger, and three cigarette giants argued over Florida settlement payments.
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February 13, 2024
Insurer Says Fire Co. Owes $3.7M For Hotel Water Damage
A fire protection and security services company must pay more than $3.7 million for water damage at an Ohio hotel, a Liberty Mutual unit told an Ohio federal court, arguing that the damage was caused by the company's negligence in maintaining a fire sprinkler system.
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February 12, 2024
Justices Asked To Ignore 'Unremarkable' McDonald's Ruling
Former McDonald's workers urged the U.S. Supreme Court not to review the hamburger chain's appeal of a Seventh Circuit ruling reviving a proposed class action targeting the company's since-discontinued franchise agreement's no-poach provisions.
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February 12, 2024
Activists Ask Justices To Reverse Calif. Tribal Casino Approval
An anti-casino advocacy group has asked the U.S. Supreme Court to review a Ninth Circuit decision that upholds the dismissal of its suit, claiming the federal government erred when finding that the Ione Band of Miwok Indians is eligible to open a casino in California.
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February 12, 2024
Judge Amends Camp Operator's $1M Surety Bond Order
A federal district judge has agreed to modify a Montana campground operator's $1 million surety bond stay order pending an appeal to the Ninth Circuit, saying the company's proposed substitution of its projected net income for 2024 raises questions about its reported principal income.
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February 12, 2024
Customer Can Sue Closed Bowling Alley For Slip-And-Fall
A Michigan appeals court won't spare the former operator of a Detroit-area bowling alley from a man's slip-and-fall lawsuit, saying she missed her opportunity to shutter her companies in such a way as to shorten the window when civil liability claims could be filed.
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February 09, 2024
2 Women Get $24.5M Award In Philly Motel Trafficking Claims
An arbitrator has awarded $24.5 million to two women forced into prostitution as teenagers at the Philadelphia motel where they were subject to human trafficking, their lawyers said Friday, which the motel's owner will have to pay.
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February 09, 2024
Fla. Judge Won't Halt Alleged 'Payback' By Miami Official
A Florida federal judge on Friday declined to issue an injunction against a Miami city commissioner who's accused of continuing his campaign of retaliation against two business owners despite a $63.5 million judgment against him for the same conduct, saying the proposed order is too vague.
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February 09, 2024
DC Circ. Mulls NLRB Finding That Starbucks Broke Labor Law
The D.C. Circuit seemed split Friday morning on whether Starbucks had stepped on labor law by barring a worker from passing out pro-union pins on the store floor during company time, which the manager said included paid breaks.
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February 09, 2024
Insurer Settles $1.7M Fluorescent Sign Fire Damage Suit
United Fire & Casualty Co. reached a settlement in its $1.7 million suit against a Texas sign-making company, resolving its bid to recover funds paid to a bed and breakfast after a fluorescent sign caught fire and damaged the property.
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February 09, 2024
11th Circ. Won't Restore Sex Trafficking Suit Against Ga. Hotel
The Eleventh Circuit on Friday rejected a woman's attempt to revive her lawsuit claiming that a Georgia hotel owner knowingly benefited from years of her forced prostitution, ruling there wasn't enough evidence to show the company took part in sex trafficking.
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February 09, 2024
Texas Hilton Hotel Tells DOJ It Will Comply With ADA
An Austin, Texas, hotel has inked an agreement with the federal government to train its staff to provide equal services to guests after a disabled woman complained about her alleged treatment to the U.S. Department of Justice.
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February 09, 2024
Atlanta Atty Keeps $1.15M Fee Award Despite Tossing Notes
A Georgia state appellate court has upheld an award of $1.15 million in attorney fees to a solo-practice attorney, saying an Atlanta-based airport travel spa operator he did work for failed to show the trial court was wrong in finding the attorney didn't have to save notes about the legal services he provided.
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February 09, 2024
Burford Can't Sub For Sysco In Pork, Beef Price-Fixing Suits
Legal investment firm Burford Capital cannot substitute for Sysco in sprawling price-fixing lawsuits against pork and beef producers because doing so would extend the litigation just so Burford can maximize its return on investment, a Minnesota federal judge ruled Friday.
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February 09, 2024
Mother, Son Call Truce In Dispute Over Denver Bar Chain
A mother and son suing each other over a Denver-area restaurant and bar chain said Friday they would pause their fight as they try to divide their business and personal finances, just as the mother was preparing to argue her son improperly tried to negotiate a settlement while driving her to the airport.
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February 09, 2024
Off The Bench: NCAA NIL Rule Lives; Dartmouth Players Win
In this week's Off The Bench, a Tennessee judge sends mixed signals to the NCAA in the fight over its NIL recruiting ban, Dartmouth's basketball players tally a win for college athletes' unionization efforts, and DraftKings tries to stop rival Fanatics from benefiting from a former executive who switched sides. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.
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February 09, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a Saudi Arabian property investor file legal action against RLS Solicitors, Aspire Pharma and Bayer Intellectual Property tackle a patent dispute, the owners of soccer club West Ham United FC raise a red card against E20 Stadium LLP with a commercial fraud action, and accountants BDO file another commercial claim against the managing directors of KGJ Insurance Services. Here, Law360 looks at these and other new claims in the U.K.
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February 08, 2024
DOJ Investigating Metropolis Tech's $1.5B SP Plus Deal
Mobility services provider SP Plus said on Wednesday that it had received another request for information from the U.S. Department of Justice on its planned $1.5 billion merger with Metropolis, a payments tech company.
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February 08, 2024
Renderings Pitch White Sox Ballpark In Chicago's South Loop
Developer Related Group has released a series of renderings to tease a possible move by the Chicago White Sox from their Guaranteed Rate Field to a new riverfront site in the city's South Loop.
Expert Analysis
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Opinion
Now Is The Time For Independent Industry Self-Regulation
The high level of trust in business, coupled with the current political and legal landscape, provides an opportunity for companies to play a meaningful role in finding solutions to public policy issues through the exploration of independent industry self-regulation models, says Eric Reicin at BBB National Programs.
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Cities Should Explore Minn. Municipal Alcohol Store Model
Minnesota’s unique alcohol control model that functions at the municipal level may be worth exploring for cash-strapped cities looking for an additional stream of revenue, though there may be community pushback, say Louis Terminello and Bradley Berkman at Greenspoon Marder.
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AmEx Ruling Proves A Double-Edged Sword In Labor Antitrust
Though the U.S. Supreme Court's 2018 decision in Ohio v. American Express was a defense victory, both the plaintiff and defense bars have learned to use the case's holdings to their advantage, with particularly uncertain implications for labor antitrust cases, say Lauren Weinstein and Robert Chen at MoloLamken.
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Peephole Cam Case Lowers The Bar On NY Negligence Claims
A New York state appeals court's recent decision in Brown v. New York Design Center is significant because, barring a contrary state high court ruling, claims of negligent infliction of emotional distress need not demonstrate extreme and outrageous conduct, which could result in an uptick in such claims, say attorneys at Cahill Gordon.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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Employment-Related Litigation Risks Facing Hospitality Cos.
A close look at recent hospitality industry employment claims highlights key issues companies should keep an eye out for, and insurance policy considerations for managing risk related to wage and hour, privacy, and human trafficking claims, say Jan Larson and Huiyi Chen at Jenner & Block.
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What Could Lie Ahead For Prop 22 After Calif. Appellate Ruling
On the heels of a California appeals court’s recent decision to uphold Proposition 22 — which allows gig companies to classify workers as independent contractors — an analysis of related rulings and legislation over the past five years should provide context for the next phase of this battle, says Rex Berry at Signature Resolution.
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How Bank Turmoil Is Affecting Real Estate Purchases, Sales
The new uncertainty in the availability of financing from bank lenders that were previously considered "money good," spurred by the bank crisis, has inserted a wrinkle in the commercial real estate market that alters some of the dynamics between a buyer and seller, says Simran Bindra at Thompson Coburn.
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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Fla. Restaurants Need To Prep For Liquor License Changes
As Florida restaurant operators face potential legislative changes to special food service liquor licenses, applicants should take care to ensure that their local zoning office will be able to issue clearance based on square footage and the number of people served at one time, says Grace Yang at GrayRobinson.
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Workers, Labor Take Center Stage At ABA Antitrust Meeting
The American Bar Association’s antitrust spring meeting had a heavy emphasis on upstream markets affecting employees and talent, and prosecutors sent a clear message that they view no-solicitation, no-poach and no-hire agreements as criminal violations, even in the face of several jury trial setbacks, say attorneys at Perkins Coie.
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Opinion
Federal Judge's Amici Invitation Is A Good Idea, With Caveats
An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.