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

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) ...
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Defending Cases In High Crime Areas

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 ...
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Effectively Using Social Media At Trial

The process begins with obtaining information via requests for production, interrogatories, requests for admissions, depositions, etc. If used effectively, social media discovery can become an effective defense strategy that will withstand objections and scrutiny at trial. Social media evidence is important information to explore, especially considering most people (Plaintiffs) tend to have no filter when ...
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EEOC Lawsuit Push Takes Aim At Hospitality Employers

In the first half of August 2018 alone, the U.S. Equal Employment Opportunity Commission (EEOC) filed 16 lawsuits against employers—and hospitality employers should be especially wary about this surge of litigation, as several claims took direct aim at businesses in the industry. Harassment Claims Continue To Capture Spotlight In light of the sexual abuse allegations ...
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The Not-So-Happy Hour: Preparing for Investigations & Subpoenas in Light of #metoo & More

Since the last Presidential election campaign began approximately two years ago, there has been a significant public focus on sexual harassment, income inequality, crimes against women, public corruption, and the income gap. Sexual harassment claims have skyrocketed in the wake of the #metoo movement, with some states reporting as much as 400% increases in claim ...
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Premises Securities Litigation

This [article] gives a brief overview of how to deal with premises security litigation when it arises on your premises. It addresses case management, investigation and evaluation. Based on these three building blocks, it highlights best litigation planning, budgeting and best resolution plans for security claims. CASE MANAGEMENT Once a complaint is received by your ...
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The Importance of Reporting Workplace Injuries

There are some OSHA lessons to be learned and things to think about from the recent Third Department case in Silvestri v. New York City Transit Authority, 2017 N.Y Slip Op 06123 (August 10, 2017). In Silvestri, the Third Department affirmed a decision by the Workers’ Compensation Board that the widow of a deceased employee working at ...
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Where Liability Falls When Guest Safety is Compromised

by: Casey Gale It almost sounds like the beginning of a low-budget horror movie. According to his claims, in 2008 Michael David Barrett gained access to a back-of-the-house phone in the Nashville Marriott at Vanderbilt University to learn sportscaster Erin Andrews’s room number. Without using Andrews’s name, he requested to be placed in the neighboring ...
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Critical Control Points in Liquor Liability

In this article, dram shop and liquor liability expert, Jeff Jannarone discusses critical control points in bar operations, including recourse options for handling intoxicated patrons. Every bar or restaurant that serves alcoholic beverages is at risk of having intoxicated patrons. However, the mere presence of an intoxicated patron within an establishment does not necessarily indicate ...
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Report Reveals Some Salary Trends among General Counsel, In-House Lawyers

The inside counsel market seems to be pretty stable, according to Major, Lindsey & Africa’s Miriam Frank. There are a few notable insights into the market for general counsel and in-house attorneys from a recent report released by Major, Lindsey & Africa. “The [inside counsel] market seems to be pretty stable,” Miriam Frank, vice president ...
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