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Court Watch
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.
After granting the franchisor dismissal of the plaintiffs' claims based on direct liability, holding the franchisor did not owe a duty of care to the plaintiffs, the court next examined whether the doctrine of respondeat superior , or vicarious liability, would impose liability under Utah law. To determine whether the franchisor could be vicariously liable for the failure to maintain the hotel water system, the court examined the level of control exercised by the franchisor over the hotel, ultimately holding that significant fact questions existed to warrant a denial of the franchisor's motion related to whether the franchisee was an actual or apparent agent of the franchisor.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.