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Retail Restaurant & Hospitality Law

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 […]

Shaken and Stirred: Federal Court Declares Texas Alcohol Laws Unconstitutional

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 […]

Overview Of Alcohol Liability In Texas – Part III (Sale To Minors)

In order to be liable for the improper sale or provision of alcohol to a minor, it must be shown that: (1) the person or provider was an adult that was at least 21 years old, who was not the minor's parent, guardian, spouse or custodian; (2) the […]