Businesses selling intoxicating hemp products in New Jersey without a cannabis license could soon face significant fines. Governor Phil Murphy signed Senate Bill No. 3235 on Sept. 12, 2024, regulating intoxicating hemp...more
Florida leads the nation in the number of recreational boats, with over 1 million registered in 2022 according to a report of the Florida Fish and Wildlife Conservation Commission (“FWC”). And, according to the U.S. Coast...more
We’ve said it many times: to college students, drinking and sex go together like peanut butter and jelly. Despite annual training on alcohol consumption and consent for freshmen, we still encounter cases questioning whether...more
One of the most popular incentives for service industry employees is the “Shift Drink” – a drink on the house to unwind after a work day. On the surface, the Shift Drink is a relatively low-cost and readily available perk...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
A federal appeals court recently upheld the firing of a law enforcement officer who intentionally shot himself while on duty and intoxicated. The decision reinforces an employer’s right to apply performance and conduct...more
Akima v. Peca, 85 F.4th 416 (6th Cir. 2023) - The plaintiff, an Asian male in the U.S. on a visa, was pulled over for a broken headlight. The plaintiff attempted to exit the vehicle during the stop, allegedly a possible sign...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
On November 15, 2023, the New Jersey Supreme Court released its decision on the much anticipated issue of whether Drug Recognition Expert (DRE) testimony is admissible under New Jersey Rule of Evidence 702. The Court...more
Castano v. Augustine, 475 N.J.Super. 71, 291 A.3d 295 - The Superior Court, Appellate Division, held that a motorcyclist was not statutorily barred from bringing a negligence action for damages in the absence of a conviction...more
Garcia v. Myrtil, 48 Fla. L. Weekly D1483 (Fla. 3d DCA, Aug. 2, 2023) - The plaintiff brought suit against the intoxicated minor (the tortfeasor) and the subject nightclub that served him pursuant to Florida’s Dram Shop Law,...more
Klar v. Dairy Farmers of America, Inc., 2023 WL 5354105 (Pa. Super. 2023) -The plaintiff was injured in a motor vehicle accident when he was struck by an employee of the defendant’s employer, who swerved across the center...more
In Colorado, both medical and recreational cannabis have been legalized; however, there are specific requirements for eligibility to use them. Additionally, laws are in place to regulate the conduct of individuals under the...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
We hear this question quite a bit, usually prefaced by: “I’m not really into that kind of stuff, but my customers are asking, can I sell Delta 8 and other THC gummies at my bar? How about brownies and chocolate bars?”...more
What Is the Intoxication Defense? For instances where intoxication/impairment may be suspected, N.C. Gen. Stat. § 97-12 provides a complete defense against a claim for workers’ compensation where the injury and/or death...more
State legalization of cannabis (i.e., marijuana) for medical and/or recreational use has spurred many questions regarding exposure concerns and drug testing concerns (e.g., what constitutes positive cannabis tests and how do...more
Many of you will have read the Sue Gray report published last week into the investigation into alleged gatherings of Number 10 staff on UK Government premises during Covid restrictions. It makes a sobering read...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
Encountering alcohol is, for better or worse, a very common experience for students at colleges and universities in DC and throughout the U.S. Whether you choose to drink or not, it’s important to know about the...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
Nearly 50,000 people attended the sold-out Astroworld Festival at NRG Park in Houston, Texas, on Nov. 5, 2021. Concertgoers, who paid more than $300 per ticket, eagerly anticipated the performance of Grammy-nominated rapper...more
The U.S. Food and Drug Administration and the Centers for Disease Control and Prevention issued warnings to the public regarding the potential health risks of using Delta-8 THC products on September 14, 2021...more
Montana Governor Greg Gianforte signed legislation on May 18, 2021 that will provide protections for off-duty use of marijuana starting on January 1, 2022. Montana citizens voted to legalize recreational marijuana in...more
Generally, under Massachusetts law, one does not owe others a duty to take action to rescue or protect them from conditions that one has not created. However, there is an important exception to this rule that affects all...more