News & Analysis as of

Intoxication

Fox Rothschild LLP

New Jersey Regulates Intoxicating Hemp Products

Fox Rothschild LLP on

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

Searcy Denney Scarola Barnhart & Shipley

Boating Under the Influence: Statistics, Examples and Tips

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

Kohrman Jackson & Krantz LLP

But We Were Both Drunk! A Primer for Students & Parents on Mutual Intoxication

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

Dickinson Wright

Keep Your Server Permit: No Drinking on the Job

Dickinson Wright on

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

Butler Weihmuller Katz Craig LLP

Florida Supreme Court Answers Certified Question: Dram Shop Actions Are Negligence Actions

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

McAfee & Taft

Sheriff ok to fire depressed, intoxicated officer who claimed disability after shooting himself

McAfee & Taft on

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

Marshall Dennehey

Mistake of Fact Is Insufficient for Qualified Immunity in an Operating While Intoxicated Arrest.

Marshall Dennehey on

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

Marshall Dennehey

Who May Be Liable Under the Dram Shop Act?

Marshall Dennehey on

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

Genova Burns LLC

New Jersey Supreme Court Rules Drug Recognition Expert Testimony Admissible Under the Daubert-Accutane Standard

Genova Burns LLC on

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

Marshall Dennehey

Conviction of DWI Required to Bar a Claim for Negligence

Marshall Dennehey on

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

Marshall Dennehey

A Nightclub Does Not Have a Duty to Defend and Indemnify an Intoxicated Minor in an Automobile Accident Case

Marshall Dennehey on

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

Marshall Dennehey

The Supreme Court of Pennsylvania Refused to Extend Civil Liability to Social Hosts Serving Alcoholic Beverages

Marshall Dennehey on

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

Rodemer Kane Attorneys at Law

Cannabis and Driving Under the Influence: An Examination of Relevant Colorado Legislation

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

Adams and Reese LLP

Liquor Liability Insurance Reform in Alabama - Dram Shop Liability Act Applies to Policies After Aug. 1

Adams and Reese LLP on

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

Adams and Reese LLP

Can Bars Sell Gummies and Other THC Products in Tennessee?

Adams and Reese LLP on

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

Cranfill Sumner LLP

Pour Decisions: The Intoxication Defense

Cranfill Sumner LLP on

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

J.S. Held

Cannabis & THC: Understanding the Effects & Liability

J.S. Held on

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

King & Spalding

Partygate: Work-Place Negations, Intoxications and Investigations

King & Spalding on

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

J.S. Held

Toxicology of Alcohol: The Role of Toxicologists in Social Host & Liquor Liability

J.S. Held on

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

Cohen Seglias Pallas Greenhall & Furman PC

Consequences of Being Caught Drinking on Campus

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

Butler Weihmuller Katz Craig LLP

Florida First DCA Reverses $28.6 Million Judgment and Emphasizes that Alleged Violations of the Florida “Dram Shop” Act are...

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

Cranfill Sumner LLP

When Concerts Turn Catastrophic – A Legal View on the Astroworld Festival Tragedy

Cranfill Sumner LLP on

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

Jackson Lewis P.C.

FDA And CDC Issue Warnings Regarding Health Risks Of Using Delta-8 THC Products

Jackson Lewis P.C. on

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

Jackson Lewis P.C.

Montana Will Protect Off-Duty Use Of Marijuana Next Year

Jackson Lewis P.C. on

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

Bowditch & Dewey

Massachusetts Colleges and Universities Owe A Duty of Care To Students Who Are Voluntarily Intoxicated on Campus

Bowditch & Dewey on

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

36 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide