Owners of bars, taverns, restaurants and other establishments serving alcohol kept a close eye on a case before the Supreme Court of Florida this year. At issue was a $28.6 million jury verdict against a bar awarded to a...more
Faircloth arose from a November 2014 motor vehicle accident involving a 20-year-old driver who was served alcohol at Potbelly’s bar and an 18-year-old pedestrian who was served alcohol at Cantina 101. The guardianship for the...more
In today's world, we travel all the time. We shop at grocery stores and department stores, we take walks on the sidewalks in our neighborhoods, and we go to large events, such as concerts or weddings, at various venues. But...more
Key Points: Pennsylvania’s Dram Shop Act does not merely apply to “any person” but, rather, imposes an obligation on particular persons and entities. To establish a basis for Dram Shop liability, it must be shown that the...more
After over four and a half years of litigation, a New Jersey judge dismissed a claim against a nightclub after a Rutgers University student was fatally struck by a car, reasoning that, while the patron was visibly intoxicated...more
In “Alabama Song,” Jim Morrison and The Doors asked to be shown the way to the next whiskey bar. Now, if he found it, the bar’s insurance premiums and possible liability are likely to be reduced thanks to recent changes to...more
In an instant and without warning, a driver under the influence can cause a serious, and oftentimes fatal, car accident. This wreck may change your life, or a loved one's life, forever....more
Commercial establishments where alcoholic beverages are served (e.g., bars, restaurants) and social hosts who serve alcohol in non-commercial settings may find themselves potentially liable for damage, injury, and/or death...more
A significant number of dram shop complaints include allegations of common law negligence in addition to the allegations of the liquor liability under the jurisdiction’s relevant statute. A plaintiff may allege the defendant...more
The effects of alcohol-impaired driving as it concerns life and limb are well-documented. Indeed, more often than not, the policy limits for the responsible party’s insurance policy are inadequate to compensate the injured...more
An end of the year party or a summer picnic is a regular practice for many businesses. Many of those social outings feature the consumption of alcohol. But, if someone drinks too much and injures another person, could the...more
Whether you’re ready or not, it’s almost time to deck the halls and pull out the punch bowl for your office holiday party. But before you start dusting off your religiously neutral décor, make sure you take steps to limit the...more
Insurers looking to remove declaratory judgment actions to courts in the Third Circuit were recently given some clarity — and, for one defendant insurer, a welcome reversal. On August 21, the U.S. Court of Appeals for the...more
There is no question; drunk drivers are a danger to everyone on the road – including themselves. Recognizing that, many states have enacted dram shop laws; laws that hold restaurants or bars that overserve patrons and then...more
In a recent unpublished opinion, the Eleventh Circuit issued a decision that should serve as a warning to insurers to be sure to resolve all issues before dismissing a coverage action, particularly when involved in the...more
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
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
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
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
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
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
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
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