DOCSLIB.ORG

Torts, Insurance & Compensation Law Section Journal

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Torts, Insurance & Compensation Law Section Journal NYSBA SPRING 2008 | VOL. 37 | NO. 1 Torts, Insurance & Compensation Law Section Journal A publication of the Torts, Insurance and Compensation Law Section of the New York State Bar Association IInsidenside • Jury Trials • Notable Cases in the Appellate Courts • Will Change to GOL § 15-108 Promote Settlements? Your key to professional success… A wealth of practical resources at www.nysba.org • Downloadable Forms organized into common And now . practice areas the Torts, Insurance & • Comprehensive practice management tools Compensation Law Section • Forums/listserves for Journal has a new online look! Sections and Committees • More than 800 Ethics Opinions • NYSBA Reports – the substantive work of the Association • Legislative information with timely news feeds • Online career services for job seekers and employers • Free access to several case law libraries – exclusively for members The practical tools you Go to www.nysba.org/TICLJournal need. The resources you to access: demand. Available right • Past Issues (2000-present) of the TICL Journal* now. • TICL Journal Searchable Index (2000-present) • Searchable articles from the TICL Journal that include links to cites and statutes. This service is Our members deserve provided by Loislaw and is an exclusive Section nothing less. member benefi t* *You must be a Torts, Insurance and Compensation Law Section member and logged in to access. Need password assistance? Visit our Web site at www.nysba.org/pwhelp. For questions or log-in help, call (518) 463-3200. For more information on these and many other resources go to www.nysba.org TICL Journal Volume 37, No. 1 Spring 2008 Issue Copyright 2008 by the New York State Bar Association ISSN 1530-390X (print) ISSN 1933-8503 (online) Torts, Insurance and Com pen sa tion Law Section Offi cers and Committee Chairs Chair TICL Journal Co-Editors Committee Chairs Daniel W. Gerber Paul S. Edelman Alternative Dispute Resolution Goldberg Segalla LLP Kreindler & Kreindler James E. Morris 665 Main Street, Suite 400 100 Park Avenue, 18th Floor Morris and Morris Buffalo, NY 14203 New York, NY 10017-5516 120 Corporate Woods, Suite 240 [email protected] [email protected] Rochester, NY 14623 [email protected] Vice-Chair David A. Glazer Shafer Glazer, LLP Automobile Liability Charles J. Siegel 90 John Street, Suite 607 Kenneth A. Krajewski Law Offices of Charles J. Siegel New York, NY 10038 Brown & Kelly LLP 40 Wall Street, 7th Floor [email protected] 1500 Liberty Building New York, NY 10005 Buffalo, NY 14202-3663 [email protected] TICL Newsletter Editor [email protected] Secretary Jean F. Gerbini Business Torts and Employment Laurie A. Giordano Whiteman Osterman & Hanna LLP Litigation Leclair Korona Giordano Cole LLP One Commerce Plaza Heath J. Szymczak 150 State Street, Suite 300 Albany, NY 12206 1805 Route 78 Rochester, NY 14614 [email protected] Java Center, NY 14082 [email protected] [email protected] Division Chairs Class Action Treasurer Construction and Surety Law Thomas A. Dickerson Division Brendan F. Baynes 35 Hampton Ave. Henry H. Melchor D’Agostino, Krackeler, Baynes & Yonkers, NY 10710 Bond Schoeneck & King, PLLC Maguire, PC [email protected] The Sage Mansion One Lincoln Center 16 Sage Estate Syracuse, NY 13202-1324 Continuing Legal Education [email protected] Albany, NY 12204 Dennis P. Glascott [email protected] Workers’ Compensation Law Goldberg Segalla LLP Division 665 Main Street, Suite 400 William W. Crossett IV Buffalo, NY 14203 Meggesto Crossett & Valerino LLP [email protected] 313 East Willow Street, Suite 201 Syracuse, NY 13203-1977 [email protected] John Eng Governmental Regulations Membership NY State Insurance Fund Jeremy Brad Cantor Robert H. Coughlin Jr. Receivable Management London Fischer LLP Flink Smith LLC 199 Church Street 59 Maiden Lane 23 British American Boulevard New York, NY 10007 New York, NY 10038-4502 Latham, NY 12210 [email protected] jcantor@londonfi scher.com Rcoughlin@fl inksmithlaw.com Diversity Information Technology Municipal Law Joanna L. Young Charles J. Siegel Shawn P. Martin Carroll, McNulty & Kull, LLC Law Offi ces of Charles J. Siegel Hurwitz & Fine, PC 570 Lexington Avenue, 10th Floor 40 Wall Street, 7th Floor 1300 Liberty Building New York, NY 10022 New York, NY 10005 Buffalo, NY 14202-3670 [email protected] [email protected] spm@hurwitzfi ne.com Ethics and Professionalism Matthew S. Lerner Premises Liability/Labor Law Robert F. McCarthy Goldberg Segalla LLP Glenn A. Monk 119 Hendrickson Avenue 8 Southwoods Boulevard, Suite 300 Harrington Ocko & Monk LLP Rockville Centre, NY 11570 Albany NY 12211-2364 81 Main Street [email protected] [email protected] White Plains, NY 10601 [email protected] Future Sites Insurance Coverage Eileen E. Buholtz Stephen M. Lazare Products Liability Connors and Corcoran, LLP Lazare Potter Giacovas Dennis J. Brady 45 Exchange Street & Kranjac LLP Mackay Wrynn & Brady LLP 250 Times Square Blvd. 950 3rd Avenue, 27th Floor 40-26 235th Street Rochester, NY 14614 New York, NY 10022-2705 Douglaston, NY 11363 [email protected] [email protected] [email protected] General Awards Laws and Practices Professional Liability Louis B. Cristo Thomas P. Cunningham Roderick John Coyne Trevett Cristo Salzer Rupp Baase Pfalzgra, Cunningham Bivona & Cohen, PC & Andolina PC & Coppola LLC Wall Street Plaza 2 State Street, Suite 1000 1600 Liberty Building 88 Pine Street Rochester, NY 14614-1803 Buffalo, NY 14202-3670 New York, NY 10005-1886 [email protected] [email protected] [email protected] Table of Contents Vol. 37, No. 1 Page A View from the Outgoing Chair (Gary A. Cusano) . 6 A View from the Incoming Chair (Daniel W. Gerber) . 7 Articles Summary Jury Trial, an Experiment That Is Working (Hon. Barry Salman) . 8 The Vanishing Jury Trial and the Lawyer’s Role in Reversing the Trend (Dan D. Kohane) . 9 Labor Law § 240 in 2006 (David A. Glazer) . 14 Alternative Dispute Resolution: A Win-Win Proposition (Irwin Kahn) . 16 A Refresher on the New York Dram Shop Liability (Howard S. Shafer and Mika Mooney) . 17 Long-Awaited Decision Issued by the New York Court of Appeals Clarifies Whether All Additional Insured Coverage Is Primary: BP Air Conditioning Corp. v. One Beacon Insurance Group (Bryan Richmond and Daniel W. Gerber) . 20 Timely Notice: What Are the Courts Holding in the Post-Argo/Rekemeyer Era? (Kenneth A. Krajewski and Tara E. Waterman) . 22 Notable Cases in the Appellate Courts in 2007 (David A. Glazer) . 27 Civil Damages: What Is and What Should Never Be (Roderick J. Coyne) . 30 Streamlining Evidence: Alternative Methods of Authenticating Medical Records in Tort Actions . 34 (Bran C. Noonan) The Scope of Permissible Discovery in Reinsurance Disputes: Recent Developments in New York State Appellate Jurisprudence . 38 (Paul Friman) Will the Change to General Obligations Law § 15-108 Promote More Settlements? . 40 (Dennis P. Glascott and Joseph M. Hanna) Violation of Internal Company Procedures in Negligence Claims . 43 (Julian D. Ehrlich) The Intentional Act Exclusion—An Unresolved Conflict in the Interpretation of Policies . 45 (Elizabeth A. Fitzpatrick and Milton Thurm) Insurance Coverage Topics of Recent Importance . 49 (Elizabeth A. Fitzpatrick) Cover photo of the New York State Capitol in Albany, NY by JoAnn Haring NYSBA Torts, Insurance and Compensation Law Section Journal | Spring 2008 | Vol. 37 | No. 1 5 A View from the Outgoing Chair What a year 2007 has been dustry. Clearly, we are providing a service that is needed for the Torts, Insurance and and well received. Compensation Law Section. We started off with a bang On September 27, our Section is sponsoring a cocktail with our yearly Section Meet- reception in honor of Justice Theodore Jones, celebrating ing in Puerto Rico, March his appointment to the New York State Court of Appeals. 29–April 1. We arrived on the It will be held at the Powerhouse Arena in downtown sandy beaches of Rio Grande, Brooklyn, where the Judge started his judicial career. Puerto Rico, at the Western Rio The TICL Blog is up and running and providing our Mar Resort with a focus on di- members with updated information and cases and com- versity. We provided two days mentary with regard to the ever-changing fi eld in which of presentations, interactive we practice. I encourage everyone to visit the Blog as well discussion, and presentation as to contribute. from local experts, which included both the legal differ- ences in the practice of law in the Commonwealth and This year found us early and often having our Sec- the history and rich tradition of the people of Puerto Rico. tion’s input requested on a multitude of proposed legisla- These presentations were highlighted by the effervescent tions, bills and codes of conduct for attorneys and associa- Justice Sallie Manzanet, who is both a Puerto Rican native tions. We have been very busy debating, evaluating and and a well-respected Supreme Court Justice from Bronx presenting position papers to the State Bar on various County. She participated in three of the six presentations topics ranging from the “No Prejudice Rule,” direct ac- and her enthusiasm for her homeland and genuine love tions against insurers, and the changes in the Workers’ of the law helped her steal the show. Compensation Administrative Rules. Representatives from four major U.S. insurance com- If you missed the Annual Dinner at the Water Club panies provided a lively panel discussion and an insid- in New York City on January 30, you missed Chief Justice er’s view of the insurance industry. We provided practical Kaye and 30 other esteemed members of the Judiciary skills training on the use of computers, e-mail, blogs and who were in attendance. You also missed some amazing the Web in the modern practice of law. views of the city. This year’s scheduled Spring Meeting was at the Being part of this section has many advantages, in- spectacular Hotel Coronado in San Diego April 10–13.
Load more

Recommended publications
  • Liquor Liability 2019 Update
    LIQUOR LIABILITY 2 019 UPDATE CONTENTS 1 ALABAMA 60 LOUISIANA 117 OKLAHOMA 5 ALASKA 63 MAINE 119 OREGON 7 ARIZONA 67 MARYLAND 125 PENNSYLVANIA 11 ARKANSAS 70 MASSACHUSETTS 129 RHODE ISLAND 13 CALIFORNIA 73 MICHIGAN 132 SOUTH CAROLINA 17 COLORADO 80 MINNESOTA 133 SOUTH DAKOTA 20 CONNECTICUT 84 MISSISSIPPI 134 TENNESSEE 24 DELAWARE 87 MISSOURI 136 TEXAS 26 DISTRICT OF COLUMBIA 90 MONTANA 139 UTAH 29 FLORIDA 93 NEBRASKA 143 VERMONT 33 GEORGIA 94 NEVADA 147 VIRGINIA 36 HAWAII 96 NEW HAMPSHIRE 148 WASHINGTON 39 IDAHO 101 NEW JERSEY 152 WEST VIRGINIA 43 ILLINOIS 104 NEW MEXICO 153 WISCONSIN 48 INDIANA 107 NEW YORK 156 WYOMING 51 IOWA 110 NORTH CAROLINA 158 Offices 56 KANSAS 113 NORTH DAKOTA 57 KENTUCKY 115 OHIO Wilson Elser (www.wilsonelser.com) helps individuals and organizations transcend challenges and realize goals by offering an optimal balance of legal excellence and bottom-line value. More than 800 attorneys strong, Wilson Elser serves clients of all sizes, across multiple industries and around the world. Wilson Elser has 37 strategically located offices in the United States and one in London. It is also a founding member of Legalign Global, a close alliance of four of the world’s leading insurance law firms, created to assist companies doing business internationally. This depth and scale has made it one of the nation’s most influential law firms, ranked in the Am Law 200 and 53rd in the The National Law Journal’s NLJ 500. LIQUOR LIABILITY REVIEW 2019 UPDATE LIQUOR LIABILITY 2019 UPDATE ALABAMA Alabama 1. STATUTE Alabama’s Dram Shop Act, Ala.
    [Show full text]
  • Food & Beverage Litigation Survey
    Food & Beverage Litigation Survey Vibe Beverage Conference March, 2010 Las Vegas, Nevada Prepared by Elizabeth A. DeConti, Esq. in support of the presentation Ensuring Responsible Service at the Bar….and at the Table By Elizabeth A. DeConti, Esq. and Stephen Barth Elizabeth A. DeConti, Esq. Gray Robinson, P.A. (813) 273-5159 [email protected] Stephen Barth HospitalityLawyer.com Conrad N.Hilton College, University of Houston (713) 963-8800 [email protected] PREFACE Every year, literally thousands of liability claims are filed against food and beverage providers. These claims include allegations of improper service of alcohol, inappropriate preparation techniques for food items, and the failure to properly warn consumers of a potential circumstance, such as an ingredient that a reasonable person would not usually expect to find in a food or beverage product. The vast majority of these claims will be resolved before they ever reach the trial level (it is estimated that 95% of all claims are resolved prior to trial). Of those that are tried, a small percentage of those will be appealed. It is the cases that are appealed (also referred to as “reported cases” that become significant to attorneys to help guide them and their clients on the best ways to avoid potential liability. The following paper includes a description of major reported lawsuits (cases that went to trial and for one reason or another were appealed) that were decided in 2009. These cases were selected because of their potential significance to the industry. Every attempt was made to explain the concepts, facts and decisions without the use of legalese.
    [Show full text]
  • Social Host Liability to Third Parties for the Acts of Intoxicated Adult Guests: Kelly V
    SMU Law Review Volume 38 Issue 5 Article 6 1984 Social Host Liability to Third Parties for the Acts of Intoxicated Adult Guests: Kelly v. Gwinnell C. Kent Adams Follow this and additional works at: https://scholar.smu.edu/smulr Recommended Citation C. Kent Adams, Note, Social Host Liability to Third Parties for the Acts of Intoxicated Adult Guests: Kelly v. Gwinnell, 38 SW L.J. 1297 (1984) https://scholar.smu.edu/smulr/vol38/iss5/6 This Case Note is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. NOTE SOCIAL HOST LIABILITY TO THIRD PARTIES FOR THE ACTS OF INTOXICATED ADULT GUESTS: KELLY v. GWINNELL ONALD Gwinnell consumed several drinks while at the home of the Joseph Zaks. Gwinnell left the Zaks' home shortly before 9:00 p.m. and was involved in a head-on collision while driving home.' The collision seriously injured the driver of the other car, Marie E. Kelly. Kelly sued Gwinnell and, under a respondeat superior theory, Gwinnell's employer. 2 Gwinnell and his employer sued the Zaks in a third-party action. Kelly later amended her complaint to name the Zaks as primary defendants. The Zaks obtained a summary judgment on the grounds that, as a matter of law, a social host is not liable to third parties for the negligent acts of an adult guest who has become intoxicated at the host's home.
    [Show full text]
  • American Prohibition Year Book for 1910
    UNIVERSITY OF FLORIDA LIBRARY KtS THIS VOLUME m ^,„^ REVIEWED FOR mmwwa Or-:-- B^ pHESERVftTION DATEt |2^|i|i( " American Prohibition Year Book For 1910 Two hundred and fifty pages of the Latest Data, Tables, Diagrams, Fact and Argu- ment, Condensed for Ready Reference. ILLUSTRATED Editors CHARLES R. JONES ^^-• ^-A) ALONZO E. WILSOI^ V FRED^^Lpk^UIRES_.,.. cents P^I^^r i^nts ; Pai)ei;;\ per dozen, Cloth, 50 ; ^ ^ Vv" $2.^W^ostpaid) ' fN ^t-' Published by S. \ THE NATIONAL PROHfBKTigN PRESS 92LaSalle-Street, qiJc^slU. \ ^ \ ' » - \^:^v^ Copyright, 1910, by the National Prohibition Press, 4 General Neal Bow. Patriot, prophet, warrior, statesman, reformer; author of the Maine Law, 1851, the first state-wide prohibition statute; Prohibition candidate for Presi- dent .in 1880; born, March 20, 1804; died, October 4, 1897. " Every branch of legitimate trade has a direct pecuniary interest in the absolute suppression of the liquor traffic. Every man engaged, directly or in- directly, in the liquor trade, whether he knows it and means it or not, is an enemy to society in all its interests, and inflicts a mischief upon every in- ' dividual in it. The trade ' is an infinite evil to the country and an infinite misery to the people." 2 — — ! After Forty Years. [Written in honor of the fortieth anniversary of the National Prohi- bition movement celebrated in Chicago Sept. 24.^1909.] The faith that keeps on fighting is the one That keeps on living—yes, and growing great! The hope that sees the work yet to be done, The patience that can bid the soul to wait These three—faith, hope and patience—they have made The record of the years that swiftly sped.
    [Show full text]
  • Dram Shop Liability to Apply
    COMPARISON OFOFOF STATE LIQUOR LIABILITY LAWS (DRAM SHOP ACTS) STATE STATUTE(S) STANDARD ADDITIONAL COMMENTS ALABAMA ALA . CODE § 6-5-71. Selling, giving or disposing of alcoholic ALA . CODE § 20-X-6-.02 . The Alabama Administrative Code Unlawful sale, etc., right of beverages to another, contrary to the contains a provision prohibiting any licensee, employee, or agent action in injured party. provisions of law. from serving alcoholic beverages to any person who appears, considering the totality of the circumstances, to be intoxicated. A Plaintiff only need prove the injury was in person injured by his own intoxication cannot recover. Maples v. consequence of intoxication due to the Chinese Palace, Inc. , 389 So. 2d. 120 (ALA 1980) . unlawful sale of alcohol. ALA. CODE § 6-5-7(a) To allow a plaintiff's contributory negligence or participation by drinking to bar the plaintiff's recovery would be contrary to the purpose of the McIsaac v. Monte Carlo Club, Inc ., 587 So.2d 320 (Ala. 1991). ALASKA ALASKA STAT . § 4.21.020. A liquor licensee, or agent or employee of that Contributory negligence is not a defense to negligence per se Civil liability of persons licensee may not provide alcoholic beverages based upon a violation of § 4-21-020. providing alcoholic to a person under age 21 or to a drunken It is not a defense that the plaintiffs voluntarily consumed alcohol beverages. person. To do so is criminal negligence [check and was voluntarily under the influence of the alcoholic beverage. this] . § 4-21-020(c). Revised: August 2007 COMPARISON OF STATE LIQUOR LIABILITY LAWS Page 1 © Cozen O’Connor.
    [Show full text]
  • Missouri Historical Review
    MISSOURI HISTORICAL REVIEW CONTE Legal and Illegal Sales of Liquor in Boone County North Todd Gentry The Early History of Lead Mining in Missouri, Part I Ruby Johnson Swartzlow The Development of Fiction on the Missouri Frontier (1830-1860), Part I Carle Brooks Spotts Joseph B. McCullagh, Part XV Walter B. Stevens Missouriana Historical Notes and Comments Missouri History Not Found in Textbooks PtrBlisJRe "jrlv & 5TATE HISTORICAL SOCIETY o^MISSOURI VOL. XXVIII APRIL, 1934 No. 3 OFFICERS OF THE STATE HISTORICAL SOCIETY OF MISSOURI, 1932-1935 GEORGE A. MAHAN, Hannibal, President. EDWARD J. WHITE, St. Louis, First Vice-President. WALTER B. STEVENS, St. Louis, Second Vice-President. C. H. McCLURE, Kirksville, Third Vice-President. CORNELIUS ROACH, Kansas City, Fourth Vice-President. B. M. LITTLE, Lexington, Fifth Vice-President. ALLEN McREYNOLDS, Carthage, Sixth Vice-President. R. B. PRICE, Columbia, Treasurer. FLOYD C. SHOEMAKER, Secretary and Librarian. BOARD OF TRUSTEES Term Expires at Annual Meeting, 1934 C. P. DORSEY, Cameron. W. J. SEWALL, Carthage. EUGENE FAIR, Kirksville. H. S. STURGIS, Neosho. THEODORE GARY, Kansas City. JONAS VILES, Columbia. GEORGE A. MAHAN, Hannibal. R. M. WHITE, Mexico. WM. R. PAINTER, Carrollton. Term Expires at Annual Meeting, 1935 T. H. B. DUNNEGAN, Bolivar. E. E. SWAIN, Kirksville. BEN L. EMMONS, St. Charles. JOHN ROTHENSTEINER, STEPHEN B. HUNTER, St. Louis. Cape Girardeau. CHAS. H. WHITAKER, Clinton. ISIDOR LOEB, St. Louis. ROY D. WILLIAMS, Boonville. Term Expires at Annual Meeting, 1936 PHIL A. BENNETT, Springfield. ELMER O. JONES, LaPlata. W. E. CROWE, DeSoto. HENRY KRUG, JR., St. Joseph. FORREST C. DONNELL, WM. SOUTHERN, JR., St. Louis.
    [Show full text]
  • Alcohol Server Liability Law Suits Result from Dram Shop Statutes James M
    Hospitality Review Volume 4 Article 1 Issue 1 Hospitality Review Volume 4/Issue 1 1-1-1986 Alcohol Server Liability Law Suits Result From Dram Shop Statutes James M. Goldberg Abrams, Westermeier and Goldberg, P.C. Follow this and additional works at: https://digitalcommons.fiu.edu/hospitalityreview Part of the Hospitality Administration and Management Commons Recommended Citation Goldberg, James M. (1986) "Alcohol Server Liability Law Suits Result From Dram Shop Statutes," Hospitality Review: Vol. 4 : Iss. 1 , Article 1. Available at: https://digitalcommons.fiu.edu/hospitalityreview/vol4/iss1/1 This work is brought to you for free and open access by FIU Digital Commons. It has been accepted for inclusion in Hospitality Review by an authorized administrator of FIU Digital Commons. For more information, please contact [email protected]. Alcohol Server Liability Law Suits Result From Dram Shop Statutes Abstract The ounc try is experiencing a trend of alcohol server liability law suits resulting from dram shop statutes and common law liability, relatively recent developments in the field of tort law. The uthora , an expert on liquor liability law, explores the meaning of this trend for the hospitality industry. Keywords James M. Goldberg, Alcohol Sewer Liability Law Suits Result From Dram Shop Statutes, Tort law, BAC [blood alcohol content], Liability, Bar, Insurance pools This article is available in Hospitality Review: https://digitalcommons.fiu.edu/hospitalityreview/vol4/iss1/1 Alcohol Sewer Liability Law Suits Result From Dram Shop Statutes by James M. Goldberg Abrams, Westermeier & Goldberg, P.C. Washington, D.C. The country is experiencing a trend of alcohol server liability law suits resulting from dram shop statutes and common law liability, relatively re- cent developments in the field of tort law.
    [Show full text]
  • Recent Developments in Aviation Law Donald R
    Journal of Air Law and Commerce Volume 74 | Issue 1 Article 10 2009 Recent Developments in Aviation Law Donald R. Andersen Follow this and additional works at: https://scholar.smu.edu/jalc Recommended Citation Donald R. Andersen, Recent Developments in Aviation Law, 74 J. Air L. & Com. 153 (2009) https://scholar.smu.edu/jalc/vol74/iss1/10 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in Journal of Air Law and Commerce by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. RECENT DEVELOPMENTS IN AVIATION LAW DONALD R. ANDERSEN* TABLE OF CONTENTS I. MONTREAL AND WARSAW CONVENTIONS .... 155 A. MONTREAL CONVENTION ........................ 155 1. Parties Liable ................................ 155 2. Exclusive Cause of Action .................... 162 3. A ccident .................................... 168 4. Venue ....................................... 172 5. Limitation of Actions ........................ 175 6. Damages ............................. 176 B. WARSAW CONVENTION ............................. 179 1. Exclusive Cause of Action .................... 179 2. Warsaw Notice Requirements.................. 183 3. "Carriageby Air" .... ....................... 184 4. "Accident" ....... ........................... 186 5. Embarking and Disembarking................. 188 6. Dam ages .................................... 191 II. AIR CARRIER LIABILITY .......................... 192 III. FOREIGN SOVEREIGN IMMUNITIES
    [Show full text]
  • Making Liquor Immunity Worse: Nevada's Undue Protection Of
    \\jciprod01\productn\N\NVJ\14-3\NVJ313.txt unknown Seq: 1 20-MAY-14 14:31 MAKING LIQUOR IMMUNITY WORSE: NEVADA’S UNDUE PROTECTION OF COMMERCIAL HOSTS EVICTING VULNERABLE AND DANGEROUS PATRONS Jeffrey W. Stempel* INTRODUCTION It’s no secret that entertainment and recreation in Nevada—much of it alcohol fueled—is big business. Much of the state’s economic activity involves hotels, restaurants, bars, shows, outdoor recreation, and related pursuits, with booze commonly a part of the experience in the form of drinks with dinner, drinks with the show, drinks in the golf cart, and so on.1 Not surprisingly, this prominence has made the resort industry and its alcohol-related components economically, politically, and legally powerful. Booze is money in much the same way that oil is money, mineral rights are money, a gaming license is money, and so on. Liquor manufacturers and ven- dors are among the wealthiest merchants in society. Unsurprisingly, with wealth comes stature and power, albeit often with at least some regulation and supervision. The liquor industry is more heavily regulated than most enter- prises, but tends (like other wealthy businesses) to come out ahead in its politi- cal, economic, social, and legal battles. There is, to be sure, a countervailing reaction that emerges on occasion— the “hate” half of America’s love-hate relationship with liquor. The apparently frequent alcohol-fueled violence and disruption of nineteenth century America set the stage for the amazing over-reaction of Prohibition. A more productive example of alcohol regulation has been the move to reduce alcohol-related driving injuries, especially among the young.
    [Show full text]
  • Each Entry Is Annotated, Editions Are Frequently Noted, and Paperback Availability Is Indicated
    DOCUMENT RESUME ED 083 597 CS 200 745 AUTHOR Lueders, Edward, Ed. TITLE The College and Adult Reading List of Books in Literature and the Fine Arts. INSTITUTION National Council of Teachers of English, Champaign, Ill. PUB DATE 67 NOTE 466p.; Published by Washington Square Press AVAILABLE FROMNational Council of Teachers of English, 1111 Kenyon Road, Urbana, Ill. 61801(Stock No. 42607, $0.90 non-member, $0.75 member) EDRS PRICE MF-$0.65 HC-$16.45 DESCRIPTORS Adult Education; *Annotated Bibliographies; *Art; Art Appreciation; Bibliographies; *Books; *Literature; Literature Appreciation; *Music; Paperback Books; Reading; Reading Materials ABSTRACT The 760 books included in this reading list are judged "especially valuable, important, and rewarding for intelligent, interested, but esentially nonprofessional, college and adult readers." Each entry is annotated, editions are frequently noted, and paperback availability is indicated. The books are arranged according to subject--literature, music, and art--and each subject is further divided into more specific topics, e.g., American fiction, British literary criticism, linguistics. (This document previously announced as ED 029 021.) (LH) U.S. DEPARTMENT OF HEALTH, EDUCATION B WELFARE NATIONAL INSTITUTE OF EDUCATION THIS DOCUMENT HAS BEEN REPRO The College DUCED EXACTLY AS RECEIVED FROM THE PERSON OR ORGANIZATION ORIGIN ATING IT POINTS OF VIEW OR OPINIONS and STATED DD NOT NECESSARILY REPRE SFN T OFFICIAL NATIONAL INSTITUTE OF Adult Reading List EDUCATION POSITION OR POLICY. of BOOKS IN LITERATURE and op CD THE FINE ARTS EDWARD LUEDERS Editorial Chairman Prepared by the Committee (»I College and Adult Reading List of the NATIONAL COUNCIL OF TEACHERS OF ENGLISH r- WSP WASHINGTON SQUARE PRESS.
    [Show full text]
  • Reconsidering the Illinois Dram Shop Act: a Plea for the Recognition of a Common Law Action in Contemporary Dram Shop Litigation, 19 J
    UIC Law Review Volume 19 Issue 1 Article 3 Fall 1985 Reconsidering the Illinois Dram Shop Act: A Plea for the Recognition of a Common Law Action in Contemporary Dram Shop Litigation, 19 J. Marshall L. Rev. 49 (1985) Peter J. Wifler Follow this and additional works at: https://repository.law.uic.edu/lawreview Part of the Law Commons Recommended Citation Peter J. Wifler, Reconsidering the Illinois Dram Shop Act: A Plea for the Recognition of a Common Law Action in Contemporary Dram Shop Litigation, 19 J. Marshall L. Rev. 49 (1985) https://repository.law.uic.edu/lawreview/vol19/iss1/3 This Comments is brought to you for free and open access by UIC Law Open Access Repository. It has been accepted for inclusion in UIC Law Review by an authorized administrator of UIC Law Open Access Repository. For more information, please contact [email protected]. COMMENTS RECONSIDERING THE ILLINOIS DRAM SHOP ACT: A PLEA FOR THE RECOGNITION OF A COMMON LAW ACTION IN CONTEMPORARY DRAM SHOP LITIGATION On June 25, 1978, having already consumed a considerable amount of liquor, Fred Gustafson drove to two Illinois taverns and purchased more alcohol.' Upon leaving the premises, employees of the two taverns physically escorted Gustafson to his car. Gustafson displayed conduct showing a reckless disregard for his safety. Inside the car, visible to those who escorted him, were five of Gustafson's children. Later that evening, an automobile accident took the life of Gustafson and four of his children.' Gustafson's wife sued the owners of the taverns for damages under the Illinois Dram Shop Act (the "DSA").3 Because of the stringent statutory limitations,* Mrs.
    [Show full text]
  • Dram Shop and Social Host Liability Laws
    Dram Shop and Social Host Liability Laws allowing liability of establishments arising out of the sale of alcohol to obviously intoxicated persons or minors who subsequently cause death or injury to third-parties as a result of alcohol-related crashes. • Dram shop liability laws reduce alcohol-related crashes. Texas experienced a 6.5 percent decrease in single vehicle nighttime crashes resulting in injury immediately after a liability case was filed in 1983, and an additional 5.3 percent decrease after another case was filed in 1984.i In 2001, researchers found a 5.8 percent decrease in fatal crashes from dram shop liability laws.ii Other studies have found a similar deterrent effect from dram shop liability by three to five percent.iii,iv,v,vi This is because this liability makes it in the economic best interest of establishments to have responsible serving practices. • Dram shop laws increase publicity of the impacts of over-serving. Studies show that states that have a high level of dram shop liability have more publicity about the impacts of liability and have more servers and managers who are aware of liability.vii,viii • Dram shop laws decrease excessive and illegal consumption. Studies have found that states with high levels of dram shop liability also had fewer lower-price drink promotions (like “happy hours”) that encourage excessive consumption in a limited amount of time. ixx This is important, because access to an unlimited amount of alcohol for a flat fee increases the number of drinks in a sitting by 1.6 drinks on average.xi States with dram shop liability also had more thorough checks of identification on average, which means that fewer minors were able to drink illegally.xii This is an accomplishment, considering that US purchase surveys show that 40 to 90 percent of outlets sell to underage buyersxiii,xiv,xv and that this stems from low and inconsistent levels of enforcement against adults who sell or provide alcohol.xvi,xvii • Dram shop laws do not decrease personal responsibility.
    [Show full text]