Estate of Kelley v. Moguls, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• permitting common-law negligence action where not expressly foreclosed by Dram Shop Act, and where legislative history supports view that Legislature did not intend to preempt it
• permitting common-law negligence action where not expressly foreclosed by Dram Shop Act, and where legislative history supports view that Legislature did not intend to preempt it
• rejecting the argument that allowing a claim for injury to an imbiber­ victim would permit an individual to profit from his own wrongdoing
• “‘[Rjules of the common law are not to be changed by doubtful implication, nor overturned except by clear and unambiguous language.’”
• legislative history demonstrated that Legislature considered and rejected attempt to have DSA preempt all common-law negligence actions against sellers and furnishers of alcoholic beverages when facts of case do not fall within Act’s scope
• legislative history demonstrated that Legislature considered and rejected attempt to have DSA preempt all common-law negligence actions against sellers and furnishers of alcoholic beverages when facts of case do not fall within Act's scope

Source: CourtListener parenthetical corpus (CC0).