Anyone familiar with the retail industry is aware that 2017 has been a year of myriad challenges and increasing store closings. This trend is not isolated to simply small retailers or retailers with worldwide name recognition – the problem is one faced by the retail industry across the board. Given the increasingly changing and competitive […]
Proposed “Border Tax” Poses Potential Consequences for Retailers
Ban the Box: What is it and what does it mean for the Retail, Restaurant and Hospitality Industry?
There is a movement quietly spreading across the country aimed at balancing the inequities faced by convicted felons who have served their time and are faced with re-entry into society. What is it? Ban-the-Box is a movement started by grass roots organizations to remove the criminal history check box from employment applications. Ban the Box […]
National Apparel Retailer Named in Class Action Lawsuit
On June 26, 2017, a group of New Jersey citizens sued Burlington Coat Factory (“Burlington”) in a class action lawsuit alleging that the stores’ merchandise tags includes a “Comparable Value” price that is misleading to the average consumer. The lead class members are Henry and Catherine Anderson, who have been regular customers of Burlington for […]
Overview of Alcohol Liability in Texas – Part I
The following is the first in a series of posts addressing alcohol or dram shop liability in Texas. In 1987, the Texas legislature enacted the Texas Dram Shop Act. Prior to such time, Texas law did not impose liability on sellers of alcohol who “over-served” intoxicated patrons. Rather, the over-served patron was considered responsible for […]
Dangerous Premises Condition or Negligent Activity: Texas Supreme Court issues stern warning to plaintiffs using general-negligence jury instructions to prove premises liability claims
On June 30, 2017, the Texas Supreme Court issued its opinion in United Scaffolding, Inc. v. James Levine, ___ SW3d ___ (Tex.2017) (No. 13-14-00377-CV; 6-30-17) (http://www.txcourts.gov/media/1438062/150921.pdf), overturning a seven-figure judgment for Plaintiff and rendering a take-nothing judgment in Defendant’s favor. The Court ruled that Plaintiff’s premises liability claim was improperly submitted to the jury under […]
National Fast Food Chain Faces Class-Action Lawsuit for Alleged Overtime Violations
On June 7, 2017, Carmen Alvarez filed a Class and Collective Action Complaint with the District Court of New Jersey against her former employer, Chipotle Mexican Grill, Inc., for failing to pay her overtime as required by the Fair Labor Standards Act (“FLSA”) as well as New Jersey’s State Wage and Hour Law. Alvarez argues […]