Tag Archives: Legal Issues

February 6, 2013 · 4:21 pm

The “11th Annual Hospitality Law Conference” Welcomes Inaugural “Hotel Owner Management Summit” On Feb 11-13 In Houston, TX

2013 Hospitality Law conf-page-001

The 11th Annual Hospitality Law Conference, located at the Omni Houston Hotel, is the leading conference dedicated to hotel and restaurant legal, safety, and security issues. Since its inception, the conference has dramatically expanded in scope, uniting hundreds of industry executives and other thought leaders around the most pressing issues in the hospitality field. These exciting and educational sessions are crafted to bring attendees up to speed and anticipate future challenges.

2013 Hospitality Law Conference Brochure

Click on “Hospitality” to view Conference Brochure

This year, we are pleased to announce the inaugural Hotel Owner Management Summit (HOMS) that will be co-located at the Hospitality Law Conference (HLC) on February 11, 2013. The HOMS features three tracks that include the New Hotel Development, Management Agreements, and Hotel Investments Boot Camp. With new hotel development on the rise again, this is a great opportunity for owners, brokers, developers, management companies, lenders, receivers, asset managers, and attorneys to converge and discuss the latest trends and best practices. Lawyers learn about the financial aspects of deals and the financial experts have a better understanding of the legal and compliance aspects.

The Conference provides intensive education and exceptional networking among legal, development, risk, finance, HR and operations. (CLE, CPE, HRCI and AH&LA EI credits are available for attendees.)

Conference Schedule-at-a-Glance

February 11th Pre-Conference Workshops

  • The Convergence of Risk Management, Legal Compliance, and Loss Prevention
  • Restaurant and Hotel Corporate Counsel

February 11th Hotel Owner-Management Summit New Hotel Development

  • Management Agreements
  • Hotel Investments Boot Camp

February 12th-13th Hospitality Law Conference General Sessions

  • Lodging
  • Human Resources & Labor Relations
  • Food & Beverage

Register today to attend the conference! Further conference information can be found at http://www.hospitalitylawconference.com/. Please contact Janet Le at janet@hospitalitylawyer.com or call us at 713-963-8800 for additional inquires.

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December 4, 2012 · 8:02 am

Hospitality Industry Legal Risks: Kentucky Restaurants Sued By Cities For “Multiple False Alarms”; Thousands Of Dollars In Unpaid Fines

“…The city has filed 37 lawsuits in recent weeks — with at least 13 more pending — against the most egregious offenders, seeking thousands of dollars in unpaid fines and hoping to send a message about fixing alarms that False_Alarmswaste police time and cost taxpayer dollars…”

More than 40 times since 2008, Louisville Metro Police Department officers have made emergency runs to the Taco Bell on East Broadway, only to find they were responding to a false alarm.

Under a policy enacted in June 2005 that aims to crack down on residents and businesses who have multiple false alarms, the city has fined the Taco Bell — repeatedly — up to $500 per false alarm.

But the restaurant, like some others, has not paid its fines, which now total $10,700, according to city records.

Before police began charging fees for false burglary and hold-up alarms in 2005, officers were responding to more than 40,000 false alarms a year, Gibson said. Since then, that number has fallen dramatically, with less than 20,000 false alarm runs through October of this year.

For more:  http://www.courier-journal.com/article/20121203/NEWS01/312030096/City-sues-collect-false-alarm-fines?odyssey=nav|head

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September 5, 2012 · 6:17 am

Hospitality Industry Legal Risks: Georgia Restaurant Group Settles Alcohol-Related “Wrongful Death Lawsuit” For $1.1 Million; “Post-Shift Drinking By Employees Is Rampant In Restaurant Industry”

 ”It is rampant in the restaurant industry…it is a
culture of post-shift drinking, and in some restaurants, drinking during the
shift. It’s almost like a fringe benefit in some high-end restaurants, this
tradition of drinking after work.”

Husk’s owner, Marietta, Ga.-based Neighborhood Dining Group Inc., and its insurer agreed last month to settle the suit for $1.1 million. The company denied fault or liability.

The fiery crash and lawsuit also have put restaurants across the USA on notice that a tradition at many restaurants — in which employees share a drink after work in a spirit of camaraderie — can have devastating consequences.

The 4 a.m. crash occurred last December, when Adam Burnell, 32, an assistant manager and sommelier at Charleston’s Husk restaurant, allegedly drove his Audi into the back of a Mustang driven by Quentin Miller, 32. The crash slammed Miller’s car into a concrete wall; it erupted in flames, trapping him inside. He died at the scene. Burnell, who prosecutors said had a blood-alcohol level of 0.24%, three times the legal limit, was charged with felony driving under the influence.

Miller’s family filed a wrongful-death lawsuit, alleging that Husk allowed Burnell to drink to excess on its premises after hours and then drive drunk. It was a stumble for a restaurant that was named “Best New Restaurant in America” by Bon Appetit magazine months earlier. Husk also was ranked one of the “101 Best Places to Eat in the World” by Newsweek magazine last month.

Burnell, who sustained minor injuries and is awaiting trial, was not named as a defendant.

Neighborhood Dining Group already had a policy that prohibits employees of its four restaurants — three in Charleston and one in Atlanta — from drinking on the premises, President David Howard says.

For more:  http://www.usatoday.com/news/nation/story/2012-09-04/restaurants-drinking-lawsuit-crash-south-carolina/57586486/1

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August 4, 2012 · 8:47 am

Hospitality Industry Legal Risks: Texas Motel Sued By Maid Injured After Slipping Near Leaky Faucet In Break Room

She was walking near the break room area when she slipped and fell in water that had been leaking from a faulty sink…The plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain and lost wages, plus all court costs.

Alleging a company failed to post a warning sign of a known danger, a maid is suing the owners of a Super 8 Motel, claiming a leaky faucet near the break room caused her to slip and fall two years ago. Port Arthur local Gricelda Gutierrez filed suit against Triangle Hospitality Inc. on July 27 in Jefferson County District Court.

According to the lawsuit, on July 27, 2010, Gutierrez was working at Triangle Hospitality’s Super 8 Motel in Port Arthur as a housekeeper. Gutierrez claims she was injured in the fall, although the suit fails to state her alleged injuries.

She accuses the defendant of negligently failing to provide her with a safe work area, alleging that the company knew of the leaky facet and did nothing to remedy the unsafe working conditions.

The suit states the defendant failed to post a warning sign of a known danger.

For more: http://www.setexasrecord.com/news/245756-leaky-sink-causes-maid-to-slip-motel-sued-for-not-posting-warning-sign-of-known-danger

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July 28, 2012 · 7:25 am

Hospitality Industry Alcohol Risks: Mississippi Casino Resort And Spa Sued For $75 Million By Family Of Man Who Died After Consuming “Free Drinks”

The suit claims casino workers kept serving free drinks to 30-year-old Bryan Lee Glenn in August 2009, ignoring pleas from the drunken man’s family to stop serving him. 

A lawsuit claims a Mississippi casino served so much alcohol to a man taking powerful prescription painkillers that he died on the floor of his hotel bathroom. The lawsuit against IP Casino Resort and Spa in Biloxi was filed Wednesday in U.S. District Court in Gulfport. It seeks damages of $75 million.

The suit says Glenn died in his hotel room. He’d taken prescribed painkillers including Percocet, morphine and Xanax, as well as antipsychotic medications in the three weeks before his death, the lawsuit says. He was being treated for physical injuries as well as psychosis and hallucinations. Glenn had suffered a traumatic brain injury in a 2004 four-wheeler accident, then suffered back injuries in a 2007 car wreck.

Read more here: http://www.miamiherald.com/2012/07/27/2915715/75m-lawsuit-claims-casino-let.html#storylink=cpy

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July 22, 2012 · 4:08 pm

Hospitality Industry Legal Risks: North Carolina Companies Outlawed From Firing Employees Before Or After Filing Legitimate Workers’ Comp Claims

The North Carolina Retaliatory Employment Discrimination Act (REDA) outlaws discharging em­­ployees for filing workers’ compensation claims. It’s a protected activity. 

Equally illegal: Jumping the gun by firing employees before they ­actually fill out the workers’ compensation paperwork. Employees are also protected when they inform a supervisor that they may be filing a claim soon.

Recent case: Shannon worked as a property manager for M&M Properties for just three weeks. While cleaning a hotel room as part of his training, Shannon said he injured himself. He reported the incident to his supervisor and said he wanted to check with his doctor before filing a workers’ compensation claim in case he had merely pulled a muscle.

Meanwhile, the company issued a disciplinary warning, outlining problems encountered during Shannon’s training, such as tardiness and lack of communication. He was fired a few days later.

He went ahead with filing the workers’ comp claim—and then followed up with a REDA lawsuit. The company argued that because Shannon hadn’t filed a claim before he was terminated, he couldn’t argue retaliation.

The court disagreed. Otherwise, employers would be able to fire employees—and dodge liability—as soon as they got hurt. (Fatta v. M&M Properties Man­­agement, No. COA11-1397, Court of Appeals of North Caro­­lina, 2012)

For more:  http://www.businessmanagementdaily.com/31679/workers-comp-claim-resist-urge-to-retaliate

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June 24, 2012 · 6:13 am

Hospitality Industry Employment Risks: Missouri Restaurant Settles “Sexual Harassment” Lawsuit With EEOC; $23,000 Payment And Employee Training Part Of Settlement

The victim will receive the payment and the training will be for all management and non-managemnt employees at its Galleria location.  Villa Galleria also agreed to report internal complaints of sex harassment to the EEOC for the decree’s 18-month term.

A restaurant in the Galleria will pay $23,000 and provide training against sexual harassment to all employees as the result of a sexual harasssment lawsuit settlement, according to the U.S. Equal Employment Opportunity Commission.

The EEOC filed a suit last September that alleged Villa Galleria allowed an employee to be subjected to sexual harassment by an assistant supervisor.  The employee alleged the supervisor tried to put his hands up her skirt and kiss her.

For more:  http://www.ksdk.com/news/article/325114/3/Galleria-restaurant-settles-sexual-harassment-lawsuit

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June 23, 2012 · 6:23 am

Hospitality Industry Legal Risks: Nevada Hotel Owner Files “Trademark Infringement” Lawsuit Against Website Operator; Judge Issues Temporary Restraining Order

The suit says Marchex has been using a domain name called Aceplay.com, purporting to offer information about the Stratosphere and three other American Casino properties; the two Arizona Charlie’s in Las Vegas and the Aquarius in Laughlin…The suit also claims the website at issue infringed on American Casino’s “ace PLAY” loyalty club trademark.

“…U.S. District Court Judge Gloria Navarro issued a temporary restraining order requiring a domain name registrar to immediately remove or disable the aceplay.com domain name, place it on “hold and lock” and transfer it to the control of the court…”

According to the LasvVegasSun.com, the owner of the Stratosphere hotel-casino in Las Vegas has filed  suit against Marchex (MCHX) for alleged trademark infringement over the domain name AcePlay.com. American Casino claims in its suit that Marchex Sales Inc. has been involved in trademark infringement and ‘’cybersquatting,’’ which involves the registration of a website domain name that is similar to another party’s trademarked-name. Wednesday’s lawsuit says the site also includes links to online gaming sites and that Marchex is believed to generate “click-through” revenue from the online casinos.

American Casino “owns the exclusive right to use its ace PLAY trademark in connection with gaming services”

For more:  http://www.thedomains.com/2012/06/22/marchex-gets-sued-by-the-stratosphere-hotel-casino-in-las-vegas-over-the-domain-aceplay-com/

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June 20, 2012 · 6:15 am

Hospitality Industry Safety Risks: Virginia Hotel Sued For $250,000 By Guest Who Fell Down Stairwell During Power Outage; No Emergency Lights Above Door To Stairwell

“…(the plaintiff) unknowingly stepped into a stairwell and fell 14 steps, according to the suit. It states there were no emergency lights above the door to the stairwell or on the stairwell itself. Christians claims he received permanent injuries, and continues to have physical pain, mental anguish and lost wages…”

A Loudoun County man is suing The Homestead in Hot Springs after falling down a flight of stairs during a power outage at the luxury hotel and spa. Allan Christian, of 20934 Winola Terrace, Ashburn, filed the $250,000 lawsuit Monday in U.S. District Court, according to online court records.

He was in one of the hotels’ restaurants at about 9 p.m. June 19, 2010 when the lights went out, leaving it “pitch black,” according to the complaint. Resort staff told Christian and other guests the lights would be on again soon, and served food to them, the complaint states. However, candles and flashlights weren’t handed out or placed in areas where people may need to walk, it states.

About 40 minutes after the power went out, Christian got up to move in the direction of the bathroom, and used “the furniture and staff to guide his movement,” the lawsuit states.

For more:  http://www.nvdaily.com/news/2012/06/northern-virginia-man-sues-luxury-resort.php

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June 2, 2012 · 6:40 am

Hospitality Industry Legal Risks: Widow Sues Missouri Sports Bar For “Wrongful Death And Negligence” After Party Tent Collapsed During High Winds

The lawsuit claims the bar was  negligent in failing to properly inspect the tent and by allowing customers  underneath it, even as weather forecasts warned of dangerous conditions…Kilroy’s had obtained a city permit for the tent April 11. But city officials  noted that their inspectors have no way to test a tent for structural strength  to make sure it can withstand 90 mph winds, an industry standard cited in the  local ordinance.

The wife of a man killed in the April 28 storm accident at Kilroy’s Sports Bar has filed a wrongful death suit against the pub and the company that  leased and installed the tent that collapsed on more than  100 patrons. Alfred Goodman, 58, of Waterloo, suffered head and neck injuries when  heavy wind gusts — estimated at up to 50 mph — lifted a party tent at the bar  from its moorings and pushed it and its heavy metal posts against a railroad  trestle.

Goodman was pronounced dead at St. Louis University Hospital. Another 16  people went to the hospital, and about 100 total were treated on the scene, for  a range of injuries.

Read more: http://www.stltoday.com/news/local/crime-and-courts/lawsuit-filed-by-widow-of-man-killed-in-st-louis/article_1a4c7cce-abfb-11e1-9dc8-001a4bcf6878.html#ixzz1we8mnojm

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