One thing the pandemic brought to Texas that may have been a positive was the change in laws concerning alcohol sales and delivery of alcohol. In 2019, Texas, like many other states, approved new legislation allowing restaurants and bars to sell to-go […]
Retail Restaurant & Hospitality Law
Mike Logan will present on "Dram Shop: Investigation and Litigation in a Post-COVID World" on March 3, 2022, in San Antonio, Texas. Click here for registration and conference details.
Trial courts in Texas often deny motions for summary judgment challenging the propriety of punitive damages in Dram Shop cases, and permit exemplary damages to be awarded by juries upon a finding of gross negligence. But is this proper? No.  […]
Dram Shop: Can the Intoxicated Driver Be Compelled to Produce His Toxicology Report While the Criminal Proceeding Is Still Pending?
Imagine two best friends, one a former Dallas Cowboys player and the other, a former player on the Cowboys’ practice team. After a night of dinner with teammates and drinking at a club, the former player loses control of his car driving them home […]
Can Restaurant Owners State a Claim Against Insurance Companies for Income Lost Due to COVID-19 Shutdown Orders?
Since the thick of the COVID-19 pandemic, many businesses that took an economic hit due to the shelter-in-place orders have sued their insurance providers for denying coverage of their claims. While most of the lawsuits were initially filed in state […]
Suppose a manufacturer wants to designate one of its employees to provide expert testimony about the design process in a products liability case. Perhaps a bank wants one of its loan officers to give an expert opinion on lending practices. There can […]
Prior to June 2018, states and municipalities were only permitted to impose sales taxes on sellers of goods and services when the sellers had a physical presence in the state or municipality. Many brick-and-mortar businesses and local businesses believed […]
Most defense attorneys will agree that more often than not, there are no witnesses to the personal injury claims we investigate and litigate. In fact, there is often no record at all about the incident or occurrence that provides any helpful facts about […]
As defense counsel to multiple retail clients across the United States, one of the most common things we encounter in personal injury claims is the presence (or oftentimes the absence) of video of "the incident." In today's world where […]
The recent decision of the United States Supreme Court in Murphy v. National Collegiate Athletic Association, is expected to have far-reaching effects on the sports betting landscape in the United States. The case was the appeal of a lawsuit in which […]
Retailers, restauranteurs, and hoteliers sometimes find themselves involved in litigation involving multiple parties. Often, when multiple parties are involved, a settlement is reached with one or more parties but not with others. In those cases, business […]
On Tuesday, United States District Judge Robert Pittman issued a fifty-page order that will likely have a profound impact on retailers that currently sell or are looking to sell alcoholic beverages in Texas. The lawsuit, brought in 2015 by Wal-Mart Stores […]