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Mealey's Coronavirus

  • January 13, 2026

    Parties Dismiss Settled COVID-19 Vaccine Refusal Religious Discrimination Case

    DENVER — Having previously notified a Colorado federal court of their intention to settle, the parties to a lawsuit by a former employee of a nursing facility alleging religious discrimination by her employer stemming from her termination as a result of her refusal to be vaccinated for COVID-19 filed a stipulated motion of dismissal with prejudice on Jan. 12.

  • January 12, 2026

    High Court Denies Cert In Case Blaming COVID Data Fraud For School Disenrollment

    WASHINGTON — The U.S. Supreme Court on Jan. 12 denied a petition for a writ of certiorari from a former law student who alleged that his disenrollment from law school resulted from his refusal to be vaccinated pursuant to a mandatory COVID-19 vaccination policy that was implemented based on allegedly fraudulent data and contended that the First Circuit U.S. Court of Appeals, which affirmed the dismissal of his suit by a Massachusetts federal court for lack of standing, did not conduct an “earnest” review of the case.

  • January 12, 2026

    N.C. Panel: Court Correctly Deemed Some COVID-Related Documents Properly Withheld

    RALEIGH, N.C. — A health research organization failed in its efforts to obtain certain documents withheld by a university in its response to a public records request, with a North Carolina Appeals Court panel ruling that a trial court correctly found that the documents were exempt from production under the North Carolina Public Records Act (PRA).

  • January 09, 2026

    Man Seeking To Add COVID Vaccine To Vaccine Injury Table Appeals Standing Ruling

    WASHINGTON, D.C. — A man who sought an order forcing the U.S. Department of Health and Human Services to add the COVID-19 vaccine to the Vaccine Injury Table (VIT) so he could be compensated by the National Vaccine Injury Compensation Program (VICP) filed a notice of appeal to the District of Columbia Circuit U.S. Court of Appeals on Jan. 8 after a District of Columbia federal judge granted the government’s motion to dismiss for lack of standing, having found that an act of Congress was a necessary step to adding a vaccine to the VIT.

  • January 07, 2026

    Judge: Doctor Groups Have Standing To Contest CDC Vaccine Recommendation Changes

    BOSTON — Concluding that physicians’ professional groups have sufficiently pleaded that they have been required to “devote significant time and resources” to counseling their members in response to the U.S. Department of Health and Human Services’ (HHS) changes to the Centers for Disease Control and Prevention’s COVID-19 vaccination recommendations for healthy children and pregnant women so as to confer standing, a Massachusetts federal judge on Jan. 6 denied the government’s motion to dismiss a lawsuit brought by the groups and three Jane Does seeking to set aside both the CDC’s vaccine recommendation changes and the appointment of new members of the Advisory Committee on Immunization Practices (ACIP).

  • January 07, 2026

    Small Business Denied CARES Act Relief Seeks High Court Review Of SBA Decision

    WASHINGTON, D.C. — A small business seeking COVID-19-related relief payments for a Small Business Administration (SBA) loan has petitioned the U.S. Supreme Court for review of a Fourth Circuit U.S. Court of Appeals panel decision affirming the judgment of a Virginia federal court, which granted the SBA’s summary judgment motion in the business’s lawsuit alleging that the agency’s denial of relief payments violated the Coronavirus Aid, Relief, and Economic Security (CARES) Act, was arbitrary and capricious in violation of the Administrative Procedure Act (APA) and violated due process.

  • January 07, 2026

    Employees Fired For Refusing COVID Shot Appeal Dismissal Of Medical Rights Case

    NEW HAVEN, Conn. — Former employees of a university hospital appealed to the Second Circuit U.S. Court of Appeals seeking review of the judgment of a Connecticut federal judge, who granted the hospital’s motion to dismiss the employees’ second amended complaint alleging violations of their constitutional rights to “bodily autonomy, medical privacy and equal protection” caused by the health system’s mandatory COVID-19 vaccination policy and seeking damages under Section 1983 of Title 42 of the U.S. Code.

  • January 06, 2026

    Fired Employee Who Refused COVID Vaccine Asks Judge To Reconsider New Trial Grant

    CHICAGO — A former transit authority employee who was awarded $425,000 by a jury — statutorily reduced to $300,000 — for violations of Title VII of the Civil Rights Act stemming from his termination for refusing to be vaccinated against COVID-19 moved for reconsideration of an Illinois federal judge’s grant of a new trial, which the judge ordered after determining that he had erred in failing to include a mixed-motive jury instruction on the issue of the transit authority’s motivation for terminating the employee.

  • January 06, 2026

    School COVID-19 Policy Critic Seeks Supreme Court Review Of Free Speech Ruling

    WASHINGTON, D.C. — A school parent who criticized a Michigan school district’s COVID-19 policy has petitioned the U.S. Supreme Court for a writ of certiorari, seeking review of a Sixth Circuit U.S. Court of Appeals panel ruling affirming a Michigan federal district court judgment that school officials’ communications to her employer and the Department of Justice (DOJ) regarding her criticism did not constitute adverse actions in violation of her free speech rights given that she was unaware of the communications and continued to direct criticism at the school district.

  • December 23, 2025

    New Trial Granted In Chicago Transit Authority Vaccine Refusal Firing Case

    CHICAGO — Concluding that it had erred in failing to include a mixed-motive jury instruction, an Illinois federal court on Dec. 22 denied a municipal transit authority’s motion for judgment as a matter of law (JMOL) but granted its alternate motion for a new trial after a jury awarded a former transit authority employee $425,000 for violations of Title VII of the Civil Rights Act stemming from his termination for refusing to be vaccinated against COVID-19 after being denied a religious exemption.

  • December 22, 2025

    Ky. High Court: Fact Issue Exists Concerning Whether COVID Immunity Law Applies

    FRANKFORT, Ky. — Finding that evidence of gross negligence in the treatment of a nursing home resident who died during the pandemic that would nullify immunity under the Kentucky COVID-19 immunity statute had been alleged sufficient to create a question of material fact, a split Kentucky Supreme Court reversed the judgment of a state appellate court upholding a trial court grant of summary judgment in favor of a nursing home and staff members.

  • December 22, 2025

    Dietitian Can Testify In Negligence Case On Nutritional Need Standards

    BILLINGS, Mont. — A dietitian retained by the estates of residents who died while at an assisted living facility can testify on how assisted living facilities should monitor residents' nutritional status and needs, a Montana federal judge held, rejecting the facility’s efforts to exclude her testimony.

  • December 19, 2025

    Parties Seek Additional Stay In Suit To Block Ending Of COVID-Related Grants

    PROVIDENCE, R.I. — A Rhode Island federal judge via a text order docket entry granted a joint motion by the U.S. Department of Health and Human Services and several states for a stay and ordered the parties to submit a status report by Jan. 30 in the states’ lawsuit seeking to block HHS from enforcing a March 24 decision that terminated $11 billion in federal financial assistance used by states for public health emergency preparedness and other public health purposes as no longer necessary because the COVID-19 pandemic had ended.

  • December 19, 2025

    7th Circuit Upholds Dismissal Of Workers’ Case Over Vaccination Data Collection

    CHICAGO — Current and former Chicago police officers who challenged their employer’s collection of their COVID-19 testing results and vaccination status failed to bring a claim with legal merit, the Seventh Circuit U.S. Court of Appeals ruled, affirming a trial court’s dismissal of the case.

  • December 18, 2025

    Disability Case Involving Long COVID Dismissed Under Governmental Exemption

    CHARLOTTESVILLE, Va. — An Employee Retirement Income Security Act lawsuit filed by a pro se former medical center employee who said he was wrongly denied long-term disability (LTD) benefits after long COVID and other issues including depression and anxiety rendered him unable to work has been dismissed by a Virginia federal judge, who ruled that the only claim fails because the center’s LTD plan is a governmental one exempt from ERISA.

  • December 16, 2025

    Discovery Is Among Issues In 6th Circuit Appeal Of Non-ERISA Disability Case

    CINCINNATI — Seeking reversal or at least remand of a decision upholding denial of her claim for long-term disability (LTD) benefits, a project director who stopped working because of symptoms she attributed to long COVID tells the Sixth Circuit U.S. Court of Appeals in her Dec. 15 opening brief that the trial court used the wrong standard of review and improperly denied her request for discovery and the appellees “acted arbitrarily by failing to consider critical treating-source medical opinions, relying on a materially inaccurate medical reviewer report, and dismissing [her] well-documented subjective symptoms.”

  • December 16, 2025

    High Court Denies Cert In COVID Vaccine Religious Accommodation Refusal Cases

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 15 denied petitions for writ of certiorari regarding a request to settle a circuit split and questions surrounding disability perceptions and pleadings that were filed by a group of New York City public educators and a U.S. Treasury Department employee who were denied religious accommodations for failing to adhere to COVID-19 vaccine mandates.

  • December 15, 2025

    Del. Warden Agrees To Training, Sanitary Practices To End Prisoners’ COVID-19 Suit

    WILMINGTON, Del. — A settlement agreement between a Delaware warden and a class of prisoners that includes mandated training and sanitary practices was granted final approval by a federal judge in Delaware, ending a class case by prisoners who alleged that the state’s poor response to the pandemic left them vulnerable.

  • December 12, 2025

    Federal Judge Refuses To Toss ‘As Regarded’ ADA Claim Based On Vaccination Status

    PITTSBURGH — Finding unpersuasive several cases cited by an employer that held that being unvaccinated for COVID-19 cannot be the basis for a perceived disability under the Americans with Disabilities Act (ADA), a Pennsylvania federal judge sustained a former employee’s objections to a magistrate’s report and recommendation and denied the company’s partial motion to dismiss the employee’s ADA claim alleging that the company failed to accommodate what it perceived as the medical disability of being immunocompromised.

  • December 11, 2025

    Government Says Taxpayer Has No Cause Of Action Beyond Refund Of COVID-Era Credits

    NEW HAVEN, Conn. — In a lawsuit by a taxpayer seeking a refund by the Internal Revenue Service of employee retention credits (ERC) it claims it is owed under the Coronavirus Aid, Relief, and Economic Security (CARES) Act and claiming violations of due process and equal protection by the IRS in its efforts to collect payroll taxes without offsetting the anticipated refund, the federal government moved a Connecticut federal court to dismiss all counts of the complaint except the refund claim.

  • December 10, 2025

    Florida County Seeks 11th Circuit Rehearing In COVID-Era Beach Closure Takings Case

    ATLANTA — A Florida county has petitioned the 11th Circuit U.S. Court of Appeals for panel rehearing and rehearing en banc of a panel decision that reversed a Florida federal court’s dismissal of claims by beachfront property owners that their property had been taken without just compensation during the COVID-19 pandemic when the county issued orders that prohibited the property owners from entering the beaches they owned.

  • December 09, 2025

    3rd Circuit Panel: Challenge To Federal Employee COVID Vaccination Mandate Is Moot

    PHILADELPHIA — Agreeing with the conclusions of a New Jersey federal court, a panel of the Third Circuit U.S. Court of Appeals on Dec. 8 affirmed the lower court judgment that the claims of federal employees and contractors challenging presidential executive orders implementing a mandatory COVID-19 vaccination policy were moot and that exceptions to mootness that might preserve their viability did not apply.

  • December 09, 2025

    High Court Seeks U.S. View Of Workers’ Challenge Of Repealed N.Y. Vaccine Rule

    WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 8 invited the solicitor general to file a brief expressing the views of the United States regarding questions presented by health care workers challenging a now-repealed New York COVID-19 vaccine law that they say violated federal law.

  • December 09, 2025

    Judge Dismisses 2 Claims In Coronavirus Coverage Suit, Allows Insureds To Amend

    DURHAM, N.C. — A federal judge in North Carolina granted a commercial property insurer’s motion to dismiss claims for breach of the implied covenant of good faith and fair dealing and unfair and deceptive trade practices brought by four Durham, N.C., restaurants seeking coverage for their business interruption losses arising from the lockdowns prompted by the COVID-19 pandemic but allowed the insureds to file an amended complaint to include additional factual allegations related to the insurer’s renewed denial of claims following the North State Deli, LLC v. Cincinnati Insurance Co. decision by the North Carolina Supreme Court.

  • December 09, 2025

    Supreme Court: State Cannot Grant Immunity From Federal Causes Of Action

    WASHINGTON, D.C. — In a Dec. 8 per curiam opinion, the U.S. Supreme Court granted the petition for writ of certiorari of a man who claims that physical therapy providers who refused to treat his severe back pain because of his HIV status discriminated against him in violation of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (RA) and reversed the judgment of a Louisiana state appeals court that found that physical therapy providers were immune from liability pursuant to COVID-19 pandemic health care declarations and the Louisiana Health Emergency Powers Act (LHEPA).