Mealey's Coronavirus

  • July 05, 2024

    Doctor Seeks To Reargue That COVID-Era Malpractice Claim Is Procedurally Deficient

    BRIDGEPORT, Conn. — A physician filed a motion in Connecticut state court seeking to reargue her contention that an opinion letter necessary to support a malpractice claim of a patient alleging that her head injury was misdiagnosed as gastroenteritis during the COVID-19 pandemic was insufficient, arguing that the complaint falsely stated that she was a nonspecialist and that the opinion letter was not written by a sufficiently similar health care provider and, thus, that her motion to dismiss was erroneously denied.

  • June 28, 2024

    High Court Overrules Chevron Deference, Changes Standard For Regulatory Review

    WASHINGTON, D.C. — The U.S. Supreme Court on June 28 voted 6-3 to overrule the doctrine of Chevron deference as incompatible with the Administrative Procedure Act (APA) in two cases arising out of federal fishing regulations, changing governing precedent for federal courts reviewing agencies’ regulatory actions.

  • June 28, 2024

    Majority Affirms Dismissal Of Suit Seeking $192M In Losses Arising From Coronavirus

    NEW ORLEANS — A majority of a Fifth Circuit U.S. Court of Appeals panel on June 27 affirmed a lower federal court’s ruling in favor of a commercial property insurer in Texas’ largest nonprofit health system’s lawsuit seeking coverage for its $192 million in business interruption losses arising from the coronavirus, but the dissenting judge found that the case is distinct because the insured pleaded tangible alterations to its property.

  • June 27, 2024

    On Remand, Judge Dismisses Ski Resort Passholders’ COVID-19 Closure Claims

    DENVER — On remand from the 10th Circuit U.S. Court of Appeals, a Colorado federal judge again dismissed season passholders’ lawsuit against ski resort owners for refusing to refund their purchases after abruptly ending the season due to COVID-19, finding that the resorts’ contracts with passholders prohibited refunds and the passholders failed to plead a violation of various states’ consumer protection laws, including California’s unfair competition law (UCL).

  • June 26, 2024

    California Federal Court OKs Venue Transfer For COVID Vaccine Securities Suit

    LOS ANGELES — A federal judge in California transferred to a federal court in New York a putative class complaint brought by investors in a biotechnology company who say the company misled them by suggesting that its COVID-19 vaccine was still relevant despite not having approval from the Food and Drug Administration to target the most common subvariant at the time, after the parties stipulated to transfer the venue for the convenience of all involved.

  • June 26, 2024

    Unpaid Leave Subclass Certified In Vaccine Mandate Suit Against United Airlines

    FORT WORTH, Texas — A federal judge in Texas partially granted a motion for class certification filed by United Airlines employees suing over the company’s COVID-19 vaccine mandate, opining that the proposed subclass of employees who requested religious accommodations and were placed on unpaid leave satisfied Federal Rule of Civil Procedure 23(b)(3)’s superiority requirement, as well as Federal Rule of Civil Procedure 23(a)’s commonality and typicality requirements.

  • June 25, 2024

    Nevada Judge Denies Insurers’ Summary Judgment Motion In Coronavirus Coverage Suit

    LAS VEGAS — A Nevada judge denied insurers’ joint motion for partial summary judgment in a coronavirus coverage dispute, finding that the insurers have failed to satisfy their burden of showing that a recent Nevada Supreme Court ruling controls this lawsuit and that the policies at issue expressly extend the scope of coverage afforded for the “Infectious or Contagious Disease” peril.

  • June 25, 2024

    Judge: No Private Right Of Action In CARES Act For COVID Test Reimbursement

    BROOKLYN, N.Y. — A New York federal judge on June 24 granted a consolidated motion to dismiss filed by a group of health insurers in lawsuits brought by a COVID-19 testing lab seeking reimbursement for testing it claims the insurers should have paid for on behalf of its insureds during the pandemic.

  • June 20, 2024

    2nd Circuit Lifts Stay Of Clothing Boutique’s Appeal In COVID-19 Coverage Suit

    NEW YORK — The Second Circuit U.S. Court of Appeals lifted the stay of a clothing boutique owner insured’s appeal of a federal district court’s order that denied its motion to alter or amend a judgment dismissing its breach of contract and declaratory judgment lawsuit seeking business interruption and property damage coverage for its losses arising from the COVID-19 pandemic and subsequent shutdown orders.

  • June 19, 2024

    Whistleblower, Government Settle Qui Tam Suit Against PPP Loan Recipient Church

    NASHVILLE, Tenn. — A Tennessee federal court issued an order of dismissal pursuant to a joint stipulation filed by the federal government and a former employee of a church indicating that they had reached a settlement with the church after the employee brought a False Claims Act (FCA) suit accusing the church of making misrepresentations on an application for a Paycheck Protection Program (PPP) loan and not using the funds in accordance with the rules for loan forgiveness.

  • June 18, 2024

    Panera $4 Million Advertised Delivery Fee Settlement Ends 3 Class Lawsuits

    ST. LOUIS — A class settlement between a fast food chain and customers with a value of more than $4 million was approved by a Missouri judge, ending three class complaints alleging that Panera Bread Co. and Panera LLC (together, Panera) falsely advertised no- or low-cost delivery fees while charging customers additional hidden charges when food delivery increased in popularity during the COVID-19 pandemic.

  • June 17, 2024

    Lakers, Insurer Dismiss Coronavirus Coverage Dispute In California Federal Court

    LOS ANGELES —The Los Angeles Lakers and its commercial property insurer filed a stipulation asking a California federal court to dismiss with prejudice the insured’s lawsuit arising from its property damage and business interruption claims for losses related to the COVID-19 pandemic.

  • June 17, 2024

    StubHub, Ticket Purchasers Dismiss 28 Class Claims In Pandemic Cancellation Suit

    OAKLAND, Calif. — StubHub Inc. and the ticket purchasers who accuse StubHub in a consolidated class complaint in a federal court in California of changing its refund policies for events canceled or rescheduled due to the COVID-19 pandemic filed a stipulation to dismiss 28 of the 31 claims, leaving in place claims under California’s Consumers Legal Remedies Act (CLRA), unfair competition law (UCL) and false advertising law (FAL).

  • June 12, 2024

    Company Says Worker Fails To Plead Discrimination Case As To Its Vaccination Policy

    PORTLAND, Ore. — In a lawsuit by a former employee alleging that her employer failed to make a good faith effort to accommodate her religious beliefs and medical disability, both of which led her to decline a company-mandated COVID-19 vaccination, which caused her dismissal, the employer moved an Oregon federal court for judgment on the pleadings, contending that the employee failed to plead facts sufficient to show that she held a bona fide religious belief that conflicted with the employer’s vaccination policy or that she was disabled within the meaning of state or federal law.

  • June 11, 2024

    Hydroxychloroquine Maker Says Complaining Distributor Gave Up Reimbursement Rights

    TRENTON, N.J. — In a lawsuit filed in New Jersey federal court by a pharmaceutical supplier alleging that a manufacturer breached a contract for the purchase of large quantities of hydroxychloroquine and chloroquine phosphate in refusing to provide refunds for unsold product and failing to indemnify the supplier for sale prices that ran afoul of state law, the manufacturer moved for judgment on the pleadings, contending that the supplier had relinquished its reimbursement rights in writing and that it was not responsible for the supplier’s resale prices.

  • June 10, 2024

    PPP Loan Recipient Gets Most Of Forgiveness It Sought In Settlement With SBA

    CHICAGO — A Paycheck Protection Program (PPP) loan recipient and the Small Business Administration (SBA) on June 7 filed a stipulation for compromise settlement and release that provides forgiveness of 90% of the recipient’s loan, for which it had previously been denied forgiveness by the SBA, in exchange for releasing the government from all claims in connection with the loan.

  • June 07, 2024

    Late Housing Discrimination Claim Not Saved By Pandemic- Related Equitable Tolling

    GREENBELT, Md. — A Maryland federal judge on June 6 granted a motion to dismiss filed by an apartment complex’s owner and operator in a disabled prospective renter’s lawsuit alleging that he was refused an apartment in violation of the Fair Housing Act (FHA), finding that the lawsuit was untimely and that the circumstances of the COVID-19 pandemic did not provide an adequate basis for equitable tolling.

  • June 06, 2024

    Judge: Amazon Immune From Workers’ Temperature Scan Class Suit Under PREP Act

    CHICAGO — A warehouse worker’s putative class complaint accusing her employer of violating Illinois’ Biometric Information Privacy Act (BIPA) by scanning workers’ temperatures to prevent the spread of COVID-19 was terminated by a federal magistrate judge in Illinois who found that the employer was entitled to statutory immunity based on the Public Readiness and Emergency Preparedness Act (PREP Act).

  • June 06, 2024

    Parties Settle Disability Benefits Suit Stemming From Long COVID Diagnosis

    MIAMI — A Florida federal judge ordered the parties in a long-term disability (LTD) benefits suit stemming from a claimant’s diagnosis with long COVID to file a joint stipulation of dismissal and administratively closed the case after the parties notified the court that they reached a settlement.

  • June 06, 2024

    University Of Chicago Settles Pandemic Closure Class Suit For $4.95 Million

    CHICAGO — A federal judge in Illinois granted final approval of a $4.95 million settlement between the University of Chicago and a class of students who sought partial refunds for tuition and fees for the spring 2020 semester when learning was transitioned to online-only due to the coronavirus pandemic.

  • June 05, 2024

    6th Circuit Vacates Health Care Provider’s $130,000 Vaccine Mandate Settlement

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals, in considering the second appeal in a settled case by employees over a health care provider’s mandatory COVID-19 vaccine policy, vacated the settlement approval, finding that no named plaintiff in the case had standing as to the health care provider’s affiliates added in the settlement, resulting in the trial court lacking jurisdiction.

  • June 04, 2024

    Navy SEALs Seek Preliminary Class Settlement Approval In COVID-19 Vaccine Case

    FORT WORTH, Texas — Navy SEALs and members of the Navy who sued after they were denied religious exemptions from the Navy’s COVID-19 vaccination requirement filed a motion in a federal court in Texas seeking preliminary approval of a class settlement that will provide corrections to their personnel records, policy changes, public postings and attorney fees.

  • June 03, 2024

    R.I. Supreme Court Affirms Contamination Exclusion Bars Coverage In Coronavirus Suit

    PROVIDENCE, R.I. — The Rhode Island Supreme Court on May 31 affirmed a lower court’s ruling in favor of a commercial property insurer in an insured’s breach of contract lawsuit seeking coverage for its losses arising from the coronavirus pandemic, finding that it has “no difficulty concluding” that the insured’s “allegations fall squarely within the Contamination Exclusion.”

  • May 31, 2024

    Communicable Disease Business Income Coverage Limit Is $100,000 Per Occurrence

    NEWARK, N.J. — A federal judge in New Jersey ruled that a commercial insurance policy’s applicable limit for its Communicable Disease Business Income Coverage is $100,000 per occurrence and the threat of the spread of the coronavirus and not Gov. Phil Murphy’s executive orders triggered this coverage, granting an insurer’s motion for summary judgment and denying an insured’s cross-motion in a declaratory judgment lawsuit arising from the pandemic.

  • May 31, 2024

    6th Circuit: Hospital Had Valid Basis To Fire Worker Who Sought ADA Accommodation

    CINCINNATI — A panel of the Sixth Circuit U.S. Court of Appeals affirmed a ruling of an Ohio federal court granting the motion for summary judgment of a hospital sued by its in-house pharmacist for denying him a reasonable accommodation under the Americans with Disabilities Act (ADA) after the hospital fired him for leaving his post before the end of his shift to avoid a co-worker exposed to COVID-19 and for terminating him in retaliation for his requesting an accommodation for his hereditary spastic paraplegia.

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