The Hotel Times - September 2008 - (Page 22) INSURANCE REPORT International litigation Who gets sued? BY CHUCK GREEN, C O N T R I B U T I N G E D I TO R S uppose a guest slips and falls in a Marriott in Berlin. Seeking the deepest pockets possible, he or she decides to sue Marriott’s parent company, based in the U.S. According to experts, that guest is likely to be tripped up again by the U.S. courts, which traditionally have been highly reluctant to step into international litigation cases, particularly those filed by U.S. residents injured outside the country. In general, the law respects the “separateness” of a parent company and a subsidiary, said Daven Lowhurst, a litigation partner with Thelen Reid Brown Raysman & Steiner in San Francisco. For example, he handled a claim brought by a woman injured at an overseas property of a major hotel chain that had a monkey on display in the lobby. The guest asked to hold the monkey for a photograph. Despite the hotel’s reluctance, she had her photo taken with the animal, only to be bitten. Because the hotel operator in that foreign country wouldn’t likely be subject to jurisdiction in a U.S. court, Lowhurst said the guest sought to sue the parent company in the U.S. The company countered that it didn’t cause the injury and that the guest’s complaint was with the hotel 22 The Hotel Times September 2008 www.TheHotelTimes.com http://www.TheHotelTimes.com
Table of Contents Feed for the Digital Edition of The Hotel Times - September 2008 The Hotel Times - September 2008 Business Outlook Editorial Outlook Contents In The News Transactional Facts Hurry Up and Wait Capital Outlook Development Outlook Brokerage Outlook International Litigation: Who gets sued? Insurance Outlook Economic Crisis: Stress or Opportunity for Franchisees? Franchise Outlook Ad/Edit Index In Closing The Hotel Times - September 2008 The Hotel Times - September 2008 - The Hotel Times - September 2008 (Page Cover1) The Hotel Times - September 2008 - The Hotel Times - September 2008 (Page Cover2) The Hotel Times - September 2008 - Business Outlook (Page 1) The Hotel Times - September 2008 - Editorial Outlook (Page 2) The Hotel Times - September 2008 - Editorial Outlook (Page 3) The Hotel Times - September 2008 - Contents (Page 4) The Hotel Times - September 2008 - Contents (Page 5) The Hotel Times - September 2008 - In The News (Page 6) The Hotel Times - September 2008 - In The News (Page 7) The Hotel Times - September 2008 - Transactional Facts (Page 8) The Hotel Times - September 2008 - Transactional Facts (Page 9) The Hotel Times - September 2008 - Hurry Up and Wait (Page 10) The Hotel Times - September 2008 - International Litigation: Who gets sued? (Page 11) The Hotel Times - September 2008 - International Litigation: Who gets sued? (Page 12) The Hotel Times - September 2008 - International Litigation: Who gets sued? (Page 13) The Hotel Times - September 2008 - International Litigation: Who gets sued? (Page 14) The Hotel Times - September 2008 - International Litigation: Who gets sued? (Page 15) The Hotel Times - September 2008 - Capital Outlook (Page 16) The Hotel Times - September 2008 - Capital Outlook (Page 17) The Hotel Times - September 2008 - Development Outlook (Page 18) The Hotel Times - September 2008 - Development Outlook (Page 19) The Hotel Times - September 2008 - Brokerage Outlook (Page 20) The Hotel Times - September 2008 - Brokerage Outlook (Page 21) The Hotel Times - September 2008 - Brokerage Outlook (Page 22) The Hotel Times - September 2008 - Brokerage Outlook (Page 23) The Hotel Times - September 2008 - Brokerage Outlook (Page 24) The Hotel Times - September 2008 - Brokerage Outlook (Page 25) The Hotel Times - September 2008 - Insurance Outlook (Page 26) The Hotel Times - September 2008 - Insurance Outlook (Page 27) The Hotel Times - September 2008 - Economic Crisis: Stress or Opportunity for Franchisees? (Page 28) The Hotel Times - September 2008 - Economic Crisis: Stress or Opportunity for Franchisees? (Page 29) The Hotel Times - September 2008 - Franchise Outlook (Page 30) The Hotel Times - September 2008 - Ad/Edit Index (Page 31) The Hotel Times - September 2008 - In Closing (Page 32) The Hotel Times - September 2008 - In Closing (Page Cover3) The Hotel Times - September 2008 - In Closing (Page Cover4)
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