Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Court Watch

By Cynthia M. Klaus and Susan E. Tegt
September 02, 2013

Hotel Franchisor to Face Trial on Vicarious Liability Claims

The United States District Court for the District of Utah recently denied a defendant hotel franchisor's motion for summary judgment to dismiss the plaintiff hotel guests' claims of liability against the franchisor resulting from an outbreak of Legionnaire's disease in the hotel. In Licari v. Best Western Int'l, Inc., No. 2:11-cv-603, 2013 U.S. Dist. LEXIS 97725 (D. Utah July 12, 2013), the plaintiff husband and wife brought claims against Best Western International, Inc., the franchisor, and the owners and operators of the Utah hotel where the outbreak allegedly occurred. Plaintiffs alleged the wife contracted Legionnaire's disease while visiting the hotel, allegedly caused by the hotel's failure to properly maintain its potable water system. The plaintiffs alleged the franchisor was liable for their damages under direct and vicarious liability theories.

Read These Next
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It Image

Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

A Lawyer's System for Active Reading Image

Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.

Protecting Innovation in the Cyber World from Patent Trolls Image

With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.