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Retail Restaurant & Hospitality Law

Proposed "Border Tax" Poses Potential Consequences for Retailers

Anyone familiar with the retail industry is aware that 2017 has been a year of myriad challenges and increasing store closings. This trend is not isolated to simply small retailers or retailers with worldwide name recognition – the problem is one faced […]

National Apparel Retailer Named in Class Action Lawsuit

On June 26, 2017, a group of New Jersey citizens sued Burlington Coat Factory ("Burlington") in a class action lawsuit alleging that the stores' merchandise tags includes a "Comparable Value" price that is misleading to the average consumer. The lead […]

Overview of Alcohol Liability in Texas – Part I

In 1987, the Texas legislature enacted the Texas Dram Shop Act.  Prior to such time, Texas law did not impose liability on sellers of alcohol who "over-served" intoxicated patrons.  Rather, the over-served patron was considered responsible for his/ […]

Dangerous Premises Condition or Negligent Activity: Texas Supreme Court issues stern warning to plaintiffs using general-negligence jury instructions to prove premises liability claims

On June 30, 2017, the Texas Supreme Court issued its opinion in United Scaffolding, Inc. v. James Levine, ___ SW3d ___ (Tex.2017) (No. 13-14-00377-CV; 6-30-17) (http://www.txcourts.gov/media/1438062/150921.pdf), overturning a seven-figure judgment for […]