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Retail Restaurant & Hospitality Law

Dram Shop Liability: Addressing the New "To Go" rules in Texas

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 […]

Michael A. Logan

Punitive Damages in Texas Dram Shop Cases

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.  […]

Leveling the Playing Field for Local Retailers – Taxing Online Sales

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 […]

The Invisible Slip and Fall: The Importance of Record Keeping

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 […]

The Evolving World of Incident Scene Video: The Retailers Friend or Foe?

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 […]

Discoverability of Settlement Agreements in Multiparty Cases

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 […]