News & Analysis as of

Negligence Dram Shop Laws

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

Ward and Smith, P.A.

Is Premises Liability the Same as Negligence?

Ward and Smith, P.A. on

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

Tyson & Mendes LLP

New Jersey Nightclub Cleared from College Teen’s Fatal Accident

Tyson & Mendes LLP on

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

Ward and Smith, P.A.

What to Do if Injured by a Driver Who Is Under the Influence

Ward and Smith, P.A. on

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

Kennedys

Dram Shop Actions: The importance of knowing the jurisdiction’s rules on permitting common-law negligence claims

Kennedys on

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

Carlton Fields

Third Circuit Clarifies Abstention Doctrine in Insurance Coverage Declaratory Action

Carlton Fields on

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

Cozen O'Connor

IN Indiana, Insurer Calls Out Policyholder Bad Faith and Prevails

Cozen O'Connor on

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

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