Dram Shop Laws

News & Analysis as of

IN Indiana, Insurer Calls Out Policyholder Bad Faith and Prevails

In a recent opinion, Carpenter v. Lovell’s Lounge and Grill, LLC, et al., --- N.E.3d ---, No.33A01-1602-CT-265, 2016 WL 4701673 (Ind. Ct. App., Sept. 8, 2016), the Indiana Court of Appeals addressed — for the first time under...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19474 - State v. Roman - Appellate Court Advance Release Opinions: AC37107 - NRT New England, LLC v. Jones - Plaintiff broker entered into an exclusive buyer’s...more

Limiting tort liability for cannabis: Dram shop-type laws

As more states enact laws legalizing the sale of medical and recreational marijuana, cannabis businesses may start to question whether they could be held liable if customers cause injury or harm to others while using their...more

A Defendant Can Get Summary Judgment Without Producing Evidence

The Supreme Court explained in Celotex Corp. v. Catrett, 477 U.S. 317 (1986), that a party can obtain for summary judgment when its opponent has no evidence to support an element of the opponent’s case. Justice Brennan’s...more

Party Time: Mixing Drinks at the Company Picnic

It’s summer, and time for company softball tournaments, picnics, and outdoor happy hours. These are functions at which employees get a chance to relax with each other, meet each other’s families, and bond over outdoor games...more

Four Loko Liability Ruling Notable, but Not Game-Changing

A California court recently held that Four Loko is not protected from liability in a wrongful death lawsuit. Fiorini v. City Brewing Co., LLC, 2014 WL 5743133 (Cal. Ct. App. Nov. 6, 2014). In this case, the parents of a...more

South By Southwest Deaths Highlight Alcohol Issues For Texas Restaurants

Three people are now confirmed dead in the recent car crash tragedy at South By Southwest. According to an article by Quita Culpepper from KVUE.com, these people were “injured on Thursday, March 13 outside The Mohawk when...more

Serving Alcohol At Your Holiday Party

We here at the McNees Wallace & Nurick Labor and Employment Law Group have been busy preparing for the holiday season. While holiday parties can be great fun, hosting a holiday party or placing holiday decorations in...more

How Can You Receive Justice for Injuries Caused by a Drunk Driver?

A woman was recently killed at World Center Drive after the car she was in was rear-ended by a drunk driver. The 20-year-old drunk driver slammed into the back of the car, killing her and critically injuring the car’s driver....more

Suing A Bar For Personal Injuries Caused By A “Visibly Intoxicated” Person: Sometimes Circumstantial Evidence Can Be Enough

Many people have seen it happen before: you are at a bar enjoying a cold one, someone stumbles up to the bar and orders another drink, and you think, "Geez, how in the world is that person in any condition to have another...more

Maryland’s Highest Court Continues to Nix Tavern Owners’ Liability for Off-premises Acts by Intoxicated Patrons.

For the time being, Maryland remains among the states that refuse to impose liability on tavern owners for injuries caused by intoxicated patrons after they leave the premises. ...more

Weekly Law Resume - June 20, 2013: Strict Interpretation: Declining To Extend Liability Under Civil Code Section 1714

Adam Rybicki, et al. v. Ashley Carlson, et al. - Court of Appeal, Second Appellate District (May 22, 2013)- California Civil Code section 1714 immunizes from civil liability an individual who provides alcohol to...more

Missouri Court Holds Liquor Liability Applicable to Underlying Suit

In its recent decision in Nautilus Ins. Co. v. Roberts, 2013 U.S. Dist. LEXIS 50141 (E.D. Mo. Apr. 8, 2013), the United States District Court for the Eastern District of Missouri had occasion to consider the application of a...more

Holiday Cheer with Less Legal Fear

To start, for any company-sponsored gathering, liability cannot be totally eliminated. Even if attendance is completely voluntary for your employees, if the event is held on your property they will still be “invitees” like...more

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