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Hospitality
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May 24, 2024
11th Circ. Lets Carnival Passenger Pursue Pain Damages
The Eleventh Circuit on Friday granted a Carnival Cruise passenger's bid for a new trial seeking damages stemming from her falling out of a wheelchair while disembarking a ship, agreeing that the movant's previous jury award for medical expenses is inadequate without a nominal award for pain and suffering.
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May 24, 2024
Biden's Judicial Impact And What's Left On The Wish List
President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.
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May 24, 2024
Software-Aided Price Fixing Under Antitrust Assault
Claims that companies in the same industry are using software middlemen to fix prices are percolating in federal courts around the country, with cases targeting major operators in residential real estate, hospitality and health insurance, among other areas.
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May 24, 2024
DraftKings' Noncompete Win Shuns Calif. Law, 1st Circ. Told
A former DraftKings Inc. executive who was blocked from taking a job in Los Angeles at rival sportsbook Fanatics told the First Circuit that a Massachusetts federal judge should have applied a worker-friendly California law to the trade secrets spat.
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May 24, 2024
DOJ's Live Nation-Ticketmaster Suit: What You Should Know
The U.S. Department of Justice and a slew of state attorneys general filed a suit challenging the 2010 merger of Ticketmaster and Live Nation. Here, catch up on Law360's coverage of the deal and those who have challenged it along the way – Taylor Swift fans, investors and regulators.
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May 23, 2024
Insurer, Ski Resort Co. Battle Over COVID Coverage
An owner and operator of 15 ski resorts urged a Colorado state court to find that an AIG unit owes coverage under its policy's "loss of attraction" provision for COVID-19-related business interruption losses, while the unit argued that a voluntary shutdown of business, "even for good reasons," isn't covered.
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May 23, 2024
5th Circ. Won't Fast-Track Challenge To DOL's OT Rule
The Fifth Circuit won't speed up a Dairy Queen franchisee's challenge to the U.S. Department of Labor's decision to increase the salary threshold for a Fair Labor Standards Act overtime exemption, turning down the entity and its owner's bid to expedite the appeal.
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May 22, 2024
Fla. Gaming Compact Contradicts Law, High Court Told
Two Florida casino operators seeking to undo a sports gaming compact between the state and the Seminole Tribe fired back at the federal government's claims that the agreement is legal, arguing that its language contradicts the Indian Gaming Regulatory Act.
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May 22, 2024
Conn. Judge Doubts Restaurant's Insurance Beef Is Stale
Connecticut's chief intermediate appellate court judge appeared skeptical Wednesday of Liberty Mutual Insurance Co.'s position that a restaurant is barred from suing over the denial of coverage for a worker's hand injury, suggesting that previous litigation over the worker's compensation policy has no bearing on the current suit.
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May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
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May 22, 2024
EB-5 Investors Say Developers' $150K Shouldn't Go To Attys
Chinese investors looking to recoup a nearly $40 million investment in failed developments urged an Illinois federal court against allowing bankrupt developers to use $150,000 in assets to pay the developers' attorneys, saying the lawyers shouldn't be paid before the investors.
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May 21, 2024
Foxwoods Restaurant Servers Win Class Cert. in Wage Feud
A Connecticut state court judge has granted certification to a class of tipped workers in their wage-and-hour suit against a steakhouse at the Foxwoods Resort Casino, ruling they have plausibly shown that the restaurant failed to pay them a fair wage under state law.
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May 21, 2024
Va. Judge Ships Splenda IP Suit Against Peet's To Calif.
A Virginia federal judge has agreed to ship a lawsuit accusing Peet's Coffee Inc. of breaching trademark laws across the country to California federal court, finding that the companies that brought the claims aren't connected enough to the Old Dominion.
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May 21, 2024
Red Lobster Gets OK To Tap $40M Ch. 11 Loan
A Florida bankruptcy judge Tuesday gave seafood chain Red Lobster interim permission to draw on $40 million in Chapter 11 financing the company says is necessary to keep its restaurants running while it seeks a sale.
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May 21, 2024
Colo. Hotel Denies Directly Hiring H-2B Workers In Wage Suit
A Colorado luxury hotel told a federal judge that it doesn't belong in a proposed class action accusing it and its cleaning contractor of unlawfully deducting Mexican housekeeping workers' wages, saying the contractor is the workers' sole employer.
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May 21, 2024
3rd Suit Alleges Panera's 'Charged' Drink Caused Heart Attack
An 18-year-old man sued Panera Bread Co. in Pennsylvania federal court Monday alleging its highly caffeinated "Charged Lemonade" drink caused him to suffer a heart attack, at least the third such suit filed against the franchise over the now-discontinued beverage.
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May 21, 2024
Tremont Chicago Hotel Lender Calls For End To Ch. 11 Case
Citing a bankrupt owner's lack of equity and longstanding defaults, the senior secured creditor to Chicago's defunct former Tremont Hotel has asked a Delaware bankruptcy judge to dismiss the case or lift its Chapter 11 automatic stay.
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May 21, 2024
Strategic Hiring Was The New Normal For BigLaw In 2023
The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.
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May 21, 2024
The Law360 400: Tracking The Largest US Law Firms
The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.
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May 20, 2024
CoStar, Hotel Giants Defend Benchmarking In Price-Fixing Suit
CoStar Group Inc. and a contingent of big-name hotels have asked a Washington federal judge to toss an antitrust lawsuit claiming the hotel operators share industry analytics to inflate luxury hotel room prices, arguing the proposed class action is riddled with legal defects.
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May 20, 2024
Ski Resorts Can't Dodge Safety Duties, Colo. Justices Rule
Colorado ski resorts can't use waivers to free themselves from liability for failing to follow state ski safety laws, the state Supreme Court ruled Monday, concluding that allowing ski resorts to escape such liability would frustrate lawmakers' intent.
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May 20, 2024
4th Circ. Says 'Gargantuan' NC Beach Home Meets Zoning Regs
A 15,000-square-foot oceanfront vacation home with 24 bedrooms, 25 bathrooms and a swimming pool in North Carolina's Currituck County complies with state and county zoning requirements, the Fourth Circuit ruled in a published opinion.
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May 20, 2024
Rite Aid Settles Trademark Suit Over New Logo
Rite Aid has reached an agreement with Brand Design Co. to end a lawsuit claiming that the drugstore chain misused the design firm's font for a new logo, the parties have told a Pennsylvania federal court.
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May 20, 2024
NLRB Attys Say Mich. Starbucks Injunction Row Must Proceed
The U.S. Supreme Court's pending decision over a National Labor Relations Board injunction standard shouldn't pause a Michigan federal court case against Starbucks seeking reinstatement of fired employees, the board argued Monday, saying a stay would be detrimental to the workers' interests.
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May 20, 2024
Ga. Court Sends Fatal Restaurant Shooting Suit To Trial
The Georgia Court of Appeals on Monday said a lawsuit against an Atlanta-area restaurant and its security company over a 2016 shooting on the premises should proceed to trial.
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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What 11th Circ. FCRA Ruling Means For Credit Furnishers
Credit furnishers should revisit their internal investigation and verification procedures after the Eleventh Circuit declined last month in Holden v. Holiday to impose a bright-line rule that only purely factual or transcription errors are actionable under the Fair Credit Reporting Act, say Diana Eng and Michael Esposito at Blank Rome.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Is The State Lottery The New Online Casino?
The traditional lines of demarcation between smartphone lottery games and online casino games are eroding since the difference is largely indistinguishable to the casual gambler — begging the question of how legal treatment may differ between state lotteries and the private-sector casino industry, says Michael Peacock at Holland & Knight.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Corporate Insurance Considerations For Trafficking Claims
With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Del. Dispatch: Chancery's Evolving Approach To Caremark
Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.
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Leveraging Insurance Amid Microplastics Concerns
A pending microplastics lawsuit — New York v. PepsiCo Inc. — may be a harbinger of what is to come for companies whose products are exposed to the environment, so any company considering how to address microplastics liability should include a careful assessment of the potential for insurance coverage in its due diligence, say attorneys at Haynes Boone.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule
If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Breaking Down 4th Circ. Pendent Appellate Jurisdiction Ruling
As illustrated by the Fourth Circuit's recent decision in Elegant Massage v. State Farm, denying class certification and granting a motion to dismiss, federal appellate courts continue to struggle with defining the scope of pendent appellate jurisdiction — or jurisdiction over nonfinal orders below, says Joan Steinman at the Chicago-Kent College of Law.