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News Briefs
Chili's Franchisor Settles Salmonella Lawsuits
Brinker Restaurant Corporation, a mega-franchisor in the restaurant industry, settled lawsuits filed by seven people who were sickened by Salmonella after eating at a Chili's Grill & Bar in Vernon Hills, IL, in late June and early July 2003. The individual Chili's restaurant also was included in the settlement, the terms of which were confidential. The settlement covers the seven plaintiffs, plus 42 people who were included in a class action lawsuit filed by Marler Clark that also will be dismissed. However, a separate lawsuit filed by other attorneys on behalf of other alleged Salmonella victims is still active.
“We were far along in the process of preparing these cases for trial when settlement discussions finally seemed to turn serious,” said Denis Stearns, partner, Marler Clark (Seattle), which represented the restaurant patrons. “This was a case my partners and I really wanted to take to trial. But when finally faced with the chance to not only fully compensate our clients, but to do so in a way that showed the clients that, 'We really did send a message with this one' ' that was something we had to recommend accepting.”
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.