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Court Watch
Hotel Franchisor to Face Trial on Vicarious Liability Claims
The United States District Court for the District of Utah recently denied a defendant hotel franchisor's motion for summary judgment to dismiss the plaintiff hotel guests' claims of liability against the franchisor resulting from an outbreak of Legionnaire's disease in the hotel. In Licari v. Best Western Int'l, Inc., No. 2:11-cv-603, 2013 U.S. Dist. LEXIS 97725 (D. Utah July 12, 2013), the plaintiff husband and wife brought claims against Best Western International, Inc., the franchisor, and the owners and operators of the Utah hotel where the outbreak allegedly occurred. Plaintiffs alleged the wife contracted Legionnaire's disease while visiting the hotel, allegedly caused by the hotel's failure to properly maintain its potable water system. The plaintiffs alleged the franchisor was liable for their damages under direct and vicarious liability theories.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.
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.