A recent decision from a Florida District Court of Appeal shows that dram shop cases against clubs are fact dependent and difficult to resolve by summary judgment without a trial. Gonzalez vs. Stoneybrook West Golf Club, 2017 WL 2988826
Hospitality Law Check-In
Commentary on hotel, resort, club & hospitality legal issues
Latest from Hospitality Law Check-In - Page 2
Case Law Update: Club Liability Release
Clubs regularly require new members to sign liability releases, some of which are drafted quite broadly. A recent decision from the New Jersey Appellate Division considered the enforceability of such a provision. Crossing-Lyons vs. Towns Sports International, N.J. Sup.…
Third Party Management for Hotel Lodging and Food and Beverage Services
A sensitivity remaining from the recent “Great Recession” is that hotel owners are making a concerted effort to ensure that their hotel and all components of it are profitable. This is something that is aspired to but not assured in…
Playing Host
Hotel Management magazine recently noted that at the end of the day, it is the hotel management company that is really playing host to the guests as it executes the requirements of the brand and the desires of the owner. …
Case Law Update: Covenant to Operate Golf Course
Vista Golf v. Vista Royale Property Owners Ass’n, Florida 4th District Court of Appeals (May 13, 2015)
This was a case where an owner of a golf course that was subject to covenants to operate the golf course and keep…
Nevada Gaming Regulators Begin Overseeing Las Vegas Nightclubs and Dayclubs
The nightclub and dayclub industry has become big business for casinos along the Las Vegas Strip. State gaming regulators are now requiring resort operators to take a more stringent approach in monitoring activity inside club venues. These new regulations came…
STR Making Changes
STR is making changes to the highly regarded and widely used STAR Report. Those of us who spend time drafting, reviewing, negotiating, and understanding hotel management agreements know that an important element of a management agreement is the Performance Test,…
Case Law Update: Membership Deposit Refund Amendment Overturned
Verandah Development v. Gualtieri, Florida 2nd District Court of Appeals (February 17, 2016)
http://law.justia.com/cases/florida/second-district-court-of-appeal/2016/2d15-2250.html
This case provides insight to clubs with refundable memberships who want to amend a membership document provision related to refunds or resigned membership resale.
The plaintiff…
Guest Privacy, Safety and Security
A jury’s decision to award sportscaster Erin Andrews $55 million as a result of a hotel’s failure to reasonably safeguard her privacy, safety and security is a forceful and important reminder to hotel owners and operators: A guest’s privacy and…
Case Law Update: Junior Membership Age Discrimination Analysis
Javorsky v. Western Athletic Clubs, California Court of Appeals, First District, Division 5 (December 11, 2015)
Clubs throughout the country offer Junior Membership programs that afford younger members discounts in joining fees and/or dues or favorable membership financing. Some…