Writing for the majority, South Carolina Supreme Court Chief Justice Toal has penned an important opinion that affects how every beer & wine permit holder should do business in South Carolina. In Hartfield v. The Getaway Lounge & Grill, Inc., Op. No. 26836 (July 26, 2010), the Supreme Court upheld a $10 million verdict awarded… Continue Reading
From SC Business Law Blog: U.S. Supreme Court Clarifies “Principal Place of Business” for Diversity Jurisdiction Purposes. http://ping.fm/IqA2C
Court Rules for Moviegoers in 9th Circuit Disability Access Case
The owners of movie theaters could be required to install special equipment for patrons with hearing and visual impairments under the Americans with Disabilities Act as a result of a federal appeals court ruling that that has been hailed as groundbreaking. Friday’s decision by the Ninth Circuit Court of Appeals in San Francisco in State… Continue Reading
Video Surveillance Evidence – Observations (and a Request) from a Retail Liability Attorney
More times than not, in cases involving retailers – whether the claim relates to alleged non-productive stops, purported premises defect, third party tort, etc. – video surveillance evidence becomes central to discovery. This evidence can often (very often) times be exculpatory. We recently dug a retail client out of an enormous potential exposure because the… Continue Reading
McDonald’s and Its "Plan to Win": A Blueprint for Success
I am a student of management, especially when it comes to systems. I’m especially interested when hospitality is involved. The other day, I was reading about some management changes at the upper tier of McDonalds. In conjunction with this article, I read about McDonald’s “Plan to Win.” It was captivating reading. According to Larry Light… Continue Reading
Landowner Liability for Attacks by Wild Animals
A recent accident at a coastal golf course in South Carolina raises questions for us regarding the possibility of landowners incurring liability as a result of acts by wild animals on the landowner’s property. On Thursday, October 8, 2009, a 77-year-old man lost his lower arm after he was bitten by an alligator on a… Continue Reading
South Carolina Supreme Court Issues New Punitive Damages Decision: Mitchell v. Fortis Insurance Company, 2009 WL 2948558 (Sept. 14, 2009)
In Mitchell v. Fortis Insurance Company, 2009 WL 2948558 (Sept. 14, 2009), a policyholder brought causes of action for breach of contract and bad faith rescission against his insurance company, and sought actual and punitive damages for the company’s termination of his health care insurance from original issuance on the grounds of a purported misrepresentation.… Continue Reading
Navigating the Pitfalls Connected with Retail & Hospitality-Related Litigation
The Explainer: Can a Server Be Held Responsible for a Patron Walkout at a Restaurant?
by Christian Stegmaier cstegmaier@collinsandlacy.com Last week, a reader of this blog posed the following: “As a former restaurant manager, I occasionally had to handle walkout situations, where guests either somehow forgot to pay or simplydidn’t want to. In situations like this, can the restaurant require theserver to cover the balance, or does the restaurant have… Continue Reading
SC Court of Appeals Holds Service of Administrative Agency Decision via Facsimile Improper
by Christian Stegmaiercstegmaier@collinsandlacy.com In a July 1, 2009, opinion in Trowell v. South Carolina Department of Public Safety, the South Carolina Court of Appeals held the Department of Public Safety’s facsimile of its final agency decision did not operate to trigger the time for appeal. Trowell, a South Carolina Highway Patrolman, was suspended without pay… Continue Reading
