Celesq® Attorneys Ed Center
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Programs in Alcohol and Beverage Laws

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Handling Death Cases in New York (05/14/2021)

Program Number: 3166 Presenter: Andrea Alonso, Esq.

To recover damages for a person’s death in New York State, there are two distinct causes of action: survivorship and wrongful death. While the survivorship cause of action belongs to the estate for the decedent’s pain and suffering prior to death, the wrongful death cause of action compensates those statutory distributees who have suffered pecuniary loss as a result of the decedent's death. Consequently, there may be more than one plaintiff in a death case as well as separate statutes of limitations for each cause of action. Due to these distinctions, an attorney must assess each action independently of the other. Join us to learn the distinction between survivorship and wrongful death.

$95.00Audio Tape Add to Cart

The Dram Shop Act: An Update (03/16/2021)

Program Number: 3165 Presenter: Andrea Alonso, Esq.

Dram Shop liability arises out of a vendor’s duty to the public not to sell liquor to visibly intoxicated people, so while legislation seeks to shift some responsibility to alcohol providers, violations are often difficult to prove. New York’s Dram Shop Act affords individuals who are injured as a result of another’s intoxication a cause of action against the party that unlawfully sold, provided, or assisted in providing, the alcohol to the intoxicant. The legislation targets vendors, usually a bar or restaurant, that sell alcohol to visibly intoxicated adults, and social hosts who knowingly allow minors to drink.

$95.00Audio Tape Add to Cart

Ethically Dealing with Substance Abuse and Addiction in the Legal Profession (12/15/2020)

Program Number: 30276 Presenter: Joan Bibelhausen, JD

Studies show that lawyers are at greater risk for alcohol and other substance use disorders, depression, other mental illness, and stress than members of other professions or the general population. This stress has been exacerbated in 2020 as lawyers are on the front lines in our nation’s crises and major events. There is a clearly recognized continuum where unresolved chronic stress becomes a predictor for addiction and mental illness. By understanding lawyer stress, this continuum, and the facts about addiction and mental illness, lawyers can reduce their risk, encounter fewer ethical challenges, and, hopefully, get help earlier when there is a problem. Signs, symptoms, risk factors and recovery regarding these problems will be presented. The discussion will include competence (1.1), diligence (1.3), communication (1.4) and other ethical considerations and the program will offer timely tools to reduce risk as well as information on lawyer assistance programs and other resources.

$95.00Audio Tape Add to Cart

The Dram Shop Act: An Update (11/13/2020)

Program Number: 30272 Presenter: Andrea Alonso, Esq.

New York’s Dram Shop Act affords individuals who are injured as a result of another’s intoxication a cause of action against the party that unlawfully sold, provided, or assisted in providing, the alcohol to the intoxicant. The legislation targets vendors, usually a bar or restaurant, that sell alcohol to visibly intoxicated adults, and social hosts who knowingly allow minors to drink. Alcoholic Beverage Control Law §65 defines an unlawful sale of alcohol. It is illegal for any vendor of liquor to sell, deliver, or give away alcoholic beverages to any person who is under 21 years of age or “visibly intoxicated.” General Obligations Law §11-101 provides a right of action against a vendor who unlawfully sold alcohol to an intoxicated individual. In order to recover under GOL §11-101, a plaintiff must prove that the vendor unlawfully sold or procured alcohol for the intoxicant while the intoxicant was “visibly intoxicated” and

$95.00Audio Tape Add to Cart

Regulating Beverage Alcohol-Past Practices and Current Perceptions (09/12/2019)

Program Number: 29157 Presenter: Bradley Berkman, Esq., Louis J. Terminello, Esq.

The presentation will provide a brief history of the 21st Amendment focusing on the development of the roles and functions of the federal and state(s) governments in regulating beverage alcohol. Attention will be given to the broad authority granted to the states in implementing laws that control the transport, sale and consumption of alcoholic beverages within their borders. The topic of discussion will segue into the interplay of the Commerce Clause and the 21st Amendment, particularly section 2, and the current limitations placed on state authority as highlighted by the Supreme Court cases of Granholm (2005) and Blair (2019). The learning objectives include: *Understanding the role of the 21st Amendment and its impact on alcohol beverage regulation. *The role and authority the United States government maintains in the regulation of beverage alcohol. *The role and authority that state(s) governments maintain in the regulation of beverage alcohol and provide an overview, (conceptually),

$95.00Online Audio Add to Cart

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