News & Analysis as of

West Virginia's Amended Deliberate Intent Statute

For a number of years, W. Va. Code § 23-4-2 (commonly known as the deliberate intent statute) has provided employees with work-related injuries an avenue to circumvent the workers' compensation immunity afforded to West...more

Torts – Duty of Care to Known Intoxicated Persons

Jason Carlsen v. Sarah Koivumaki and Zachary Gudelunas - Court of Appeal, Third Appellate District (Shasta) (July 7, 2014) - Courts are often called upon to struggle with the issue of responsibility of others...more

Social Host Liable For Intoxicated Guest’s Accident

Faiez Ennabe, et al. v. Carlos Manosa, et al. (2014) 58 Cal.4th 697 - California Supreme Court (February 24, 2014)- In the Ennabe case, the California Supreme Court wrestled with the tangle of case law and...more

New UK Pharmaceutical Packaging Warnings: Lucy in the Sky with Directions for Marketing Authorisation Holders

This client alert looks at the impact of a new drug driving offence in the UK which will come into effect during 2014 as part of The Crime and Courts Act 2013 (the “CCA 2013”). It is relevant for UK Marketing Authorisation...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

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

New York’s Highest Court Finds ER Physician and Hospital Have No Duty to Prevent Intoxicated Patient from Leaving Hospital

In a landmark decision, the New York Court of Appeals held that a physician’s duty does not allow, let alone mandate, the involuntary detention of intoxicated patients wishing to leave a hospital. ...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

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