News & Analysis as of

Liability Retailers

Robins Kaplan LLP

A Dive Into Intellectual Property Liability for E-Commerce Platforms

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Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more

Marshall Dennehey

Evidence of Prior Accidents Are Only Admissible If the Prior Accidents Are Sufficiently Similar

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Kunsman v. Wawa, Inc., et al., 2023 WL 3778865 (Pa. Comm. Pl. Montg. Co. Jun. 2, 2023) - The plaintiff slipped and fell on a yellow-painted surface in the parking area located on the defendant’s premises. During discovery,...more

Marshall Dennehey

A Gas Station Store Was Not Liable for a Slip and Fall When There Was No Evidence as to the Duration of the Alleged Dangerous...

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McClure v. Love’s Travel Stops & Country Store, Inc., 2023 WL 3609158 (M.D. Pa. 2023) - The plaintiff slipped and fell in the defendant’s gas station store. The plaintiff parked his tractor trailer in the parking lot to...more

Marshall Dennehey

Pennsylvania Commonwealth Court Notes That Walking Across Undeveloped Land Carries an Inherent Risk of Falling Over Depressions

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Hierman v. Westmoreland County Airport, 2023 WL 4002424 (Pa. Cmmw. 2023) - This matter concerns the plaintiff’s trip and fall on a snow-covered grassy area between two parking lots at the Westmoreland County Airport. The...more

Weber Gallagher Simpson Stapleton Fires &...

In a Win for Commercial Defendants and Their Insurers, the New Jersey Appellate Court Declines to Limit the “Ongoing Storm Rule”...

The New Jersey Appellate Division has recently confirmed that the “ongoing storm rule” established in Pareja v. Princeton International Properties, 246 N.J. 546 (2021) applies to privately owned commercial properties,...more

White & Case LLP

ESG liability and litigation risks with a focus on Germany: Greenwashing

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The European Commission ("Commission") is relentless in its fight against Greenwashing and the misrepresentation of sustainability impacts or benefits of a company’s products or actions. Following the global ESG trend and the...more

Wilson Sonsini Goodrich & Rosati

Are Online Marketplaces Liable for Product Defects? California Says Yes

As companies increasingly open and support online marketplaces for third parties to sell goods and products, the question has arisen as to what happens when one of those products is defective. Who is liable for any harm the...more

Williams Mullen

[Event] 2021 Firearms Industry Compliance Conference - June 8th - 9th, Orlando, FL

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Orchid LLC and Williams Mullen’s Firearms Industry Group will host the 2021 Firearms Industry Compliance Conference (“FICC”)... The 2021 conference is designed primarily for manufacturing CEO / owners, attorneys, and...more

Miller Starr Regalia

Premises Liability And The Coronavrius: An Outline Of Risks And Responsibilities

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If an individual contracts COVID-19 after visiting a specific property, and the exposure of the COVID-19 is traced to that specific property, who is liable to the individual? Does the liability depend on whether the infected...more

Seyfarth Shaw LLP

NY Residential Cooperative Corporations and Condominium Associations — Left Out of Protections under Governor Cuomo’s E. O. 202.38...

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Seyfarth Synopsis: New York residential rental building owners, cooperative corporations and condominium associations and their managing agents are left out of Governor Andrew Cuomo’s June 6 Executive Order 202.38 which among...more

Hogan Lovells

Governor Cuomo’s Executive Order grants commercial building owners and retail store owners the ability to conduct temperature...

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As New York enters a new phase of the COVID-19 pandemic and New York businesses are beginning to reopen, New York is taking steps and providing tools to employers in an attempt to mitigate further spread of COVID-19....more

Seyfarth Shaw LLP

Causation Defenses to Premises Liability Claims Involving Alleged Exposure to COVID-19

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Businesses that re-open to the public could potentially find themselves facing premises liability claims from customers who allege that they contracted COVID-19 on the premises due to the business’s negligence....more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - May 2020

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House Phase Four COVID-19 Relief Package Sheds Additional Light on Dem Priorities; Package Expected to Pass House Today on Partisan Basis. On Tuesday, Nancy Pelosi unveiled the details of a $3 trillion COVID-19 relief package...more

Seyfarth Shaw LLP

Reopening Businesses Face Customer Pushback on Mask Requirements Under ADA

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Seyfarth Synopsis: Reopening businesses must quickly prepare for customers claiming the ADA exempts them from face mask requirements. ...more

ArentFox Schiff

Pending Congressional Bill Would Create Potential Liability For E-Commerce Sites Selling Certain Dangerous Counterfeits

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A recently-proposed bipartisan federal bill (SHOP SAFE Act of 2020) would create contributory liability for e-commerce platforms that fail to take steps to limit third-party sales of dangerous counterfeit products. The...more

ArentFox Schiff

Court Rules Trademark Infringement Enough to Hold Landlord Liable

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Last year, the Eleventh Circuit affirmed a judgment holding that a landlord’s constructive knowledge of its tenant’s trademark infringement is enough to hold the landlord liable. Several years earlier, Arent Fox...more

Gray Reed

Amazon Packages Bursting into Open Fires, Jack Frost Nipping at Your Nose…

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On December 26, Marty and Dave McFly were playing video games when, downstairs in the living room, the hoverboard that Marty had received for Christmas ignited. The fire quickly engulfed the Christmas tree and spread...more

Lowndes

Landlord Liability for Tenant’s Counterfeit Sales

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Should landlords care what business their tenants are operating? The obvious general answer of “yes” now has a more detailed and important caveat. If your client is retailing goods, you as a landlord may be liable if those...more

Fenwick & West LLP

Eleventh Circuit Affirms Contributory Trademark Infringement Award

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The United States Court of Appeals for the Eleventh Circuit affirmed liability under the “know or has reason to know” standard for contributory trademark infringement in Luxottica Group, S.p.A. v. Airport Mini Mall, a case...more

Polsinelli

Retailer Liability for Vaping Products

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The recent outbreak of deaths and injuries associated with vaping is alarming—especially since there is no definitive cause determined as of now. As the investigation continues, everyone with a role in the manufacture,...more

Carlton Fields

Senate Follows House Seeking to Make Cannabis Banking "S.A.F.E."

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Sens. Jeff Merkley and Cory Gardner have reintroduced the Secure and Fair Enforcement (SAFE) Banking Act as a companion to House bill HR 1595....more

Holland & Knight LLP

Cases Highlight Commercial Landlord Potential Liability for Trademark Infringement by Tenants

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• Reported verdicts and settlements in the last 10 years confirm that commercial landlords/owners could be held liable for the trademark infringement activity of their tenants. • Commercial landlords/owners must take...more

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