Litigation

Shame & Game That May Be Unsettling Cases in the Hospitality Space

by Cozen O'Connor in Legal. Posted June 15, 2022

What do hospitality establishments face when settlement is attempted? This paper focuses on present day sins that lead to unsettlement based on the last two years in a pandemic and the games that parties seem to play to continue this trend. A. Seven deadly trends sins in hospitality since 2020 I interviewed coworkers, mediators and ...

Website Litigation Under the ADA:
Protect Your Property from Lawsuits

by Conn Maciel Carey in Food & Beverage, Legal, Lodging, Risk Management, Technology. Posted May 26, 2022

Despite the pandemic, lawsuits filed across the country against hotels and resorts alleging their websites violate the Americans with Disabilities Act (“ADA”) have not slowed down. These lawsuits continue to allege two different types of ADA violations, each of which are addressed below: The first type of website accessibility case deals with whether a hotel ...

“But For” COVID-19: Trending Causation Theories in COVID-19 Litigation

by Hagwood & Tipton in Coronavirus (COVID-19), Legal. Posted October 22, 2020

As the Covid pandemic spread across the world and the United States, neighborhood pools, parks, gyms and all other manners of public gathering places began to close and many people began to wonder about the potential liability of remaining open or continuing to do business. Almost every defense attorney probably had the same reaction, “how ...

Lizard-Proof Your Witness

by Hagwood & Tipton in Legal. Posted August 22, 2020

Teach them the Game. Your witnesses are savvier than you think. We lawyers do inhabit a strange world where logic and reason do not always prevail, and the rules do not always comport with what lay people would call common sense. However, give your witnesses credit. Most of them can understand the manipulation game being ...

Strategies to Defend & Mitigate Against Sex Trafficking Lawsuits in the Hospitality Industry

by Jennifer Miller in Legal. Posted November 19, 2019

Federal and state laws define human trafficking as compelling someone through force, coercion or fraud to perform work or engage in sex acts. According to the Department of Homeland Security, it is a global issue with millions of adults and children being victimized to generate billions of dollars in profits for traffickers and others engaging ...

Reptile Theory: Using the Primitive Brain to Increase Plaintiff’s Verdicts

by Michael Phillips in Legal. Posted November 16, 2019

Jane Doe was the victim of a sexual assault while a guest at Marrilton Garden Inn & Courtyard Suites. She has filed a multi-million-dollar suit against Heavenly Hospitality Management, LLC d/b/a Marrilton Garden Inn & Courtyard Suites, Marrilton, Inc., (several subsidiaries of Marrilton, Inc.) and Gwen Causey (hotel manager). Scenario: Jane Doe, a guest, checks ...

Life, Liberty, and a Gluten-Free Meal

by Brian Cafritz in Food & Beverage, Legal. Posted July 18, 2019

Colonial Williamsburg Restaurant sued under the ADA for not allowing child to consume his home-prepared gluten-free meal. The Americans with Disabilities Act (ADA) was enacted in 1990 to prevent discrimination against individuals with disabilities in all aspects of life. The Act has been applied to a variety of segments of our society, including building entrance ...

A Discussion of the Reptile Trial Strategy Through The Lens of the Erin Andrews v. Marriott International Lawsuit

by Hagwood & Tipton in Legal. Posted July 11, 2019

I. WHAT IS THE REPTILE THEORY/STRATEGY? Reptile: The 2009 Manual of the Plaintiff’s Revolution, authored by Don Keenan and David Ball, was published in 2009. This book is offered exclusively to plaintiff’s lawyers and provides a strategy for plaintiff’s attorneys in most stages of litigation. The Reptile theory is derived from a model of the ...

Hospitality Case Review: The Top 100+ Hospitality Cases That Impacted Us in 2018

by Karen Morris in Legal. Posted June 20, 2019

Written by Karen Morris, J.D., LL.M. and Diana S. Barber, J.D., CHE, CWP ADA/Standing1. Brito v. Wyndham Hotels and Resorts, LLC, 2018 WL 317464 (D. Colo., 01/08/2018). Plaintiff is a paraplegic and requires the use of a wheelchair to ambulate. While at defendant hotel he encountered multiple violations of the Americans with Disabilities Act (ADA) ...

Defending Cases In High Crime Areas

by Hagwood & Tipton in Legal, Safety & Security. Posted December 18, 2018

Depending on where you do business, crime and its associated consequences may simply be a cost of doing business. Unfortunately, savvy Plaintiff’s lawyers have carved out a niche practice by targeting businesses in high crime areas of our inner cities/Plaintiff-friendly venues. Frequently hotels, restaurants, bars, and the like find themselves as repeat targets in premises ...