Mealey's Coronavirus

  • March 19, 2024

    Coronavirus Tracing App Creator Again Denied Writ Of Injunction By High Court

    WASHINGTON, D.C. — A month and a half after U.S. Supreme Court Justice Elena Kagan denied its application for a writ of injunction, a software company on March 18 saw its application to enjoin Apple Inc.’s purported “censorship of software” rejected a second time, this time by the entire court.

  • March 19, 2024

    Parties In COVID-Related Hydroxychloroquine Sales Row At Impasse After Mediation

    TRENTON, N.J. — In a lawsuit brought by a pharmaceutical supplier alleging that a pharmaceutical manufacturer breached a contract for the purchase of large quantities of hydroxychloroquine and chloroquine phosphate for the treatment and prevention of COVID-19, the manufacturer notified a New Jersey federal court that court-ordered mediation had concluded with the parties at an impasse.

  • March 18, 2024

    6th Circuit Affirms Denial Of Intervention In Now Settled Vaccine Mandate Dispute

    CINCINNATI — A trial court did not abuse its discretion when it denied a motion to intervene filed by one of more than 4,000 potential class members in a since settled case by employees over a health care provider’s mandatory COVID-19 vaccine policy, a Sixth Circuit U.S. Court of Appeals panel ruled.

  • March 15, 2024

    Unopposed Motion For Stay Pending Settlement Granted In PPP Loan Forgiveness Case

    CHICAGO — An Illinois federal judge on March 14 granted the unopposed motion of the federal government for a stay of briefing deadlines pending settlement via a docket entry and canceled a hearing on the motion in a lawsuit brought by a Paycheck Protection Program (PPP) loan recipient that was denied eligibility for loan forgiveness because of the nature of its business.

  • March 14, 2024

    $70,000 Settlement Approved In COVID-19 Wrongful Death Suit Against Nursing Home

    MEDIA, Pa. — A Pennsylvania state court judge issued an order approving a $70,000 settlement in a wrongful death and survival action filed against a nursing home and its administrators and operators by the estate of a former resident who contracted COVID-19 and died, finding no objection to the estate’s petition to approve the settlement.

  • March 14, 2024

    Pepperdine Seeks Summary Judgment Reconsideration In Pandemic Closure Class Case

    LOS ANGELES — Pepperdine University filed a motion on March 13 for reconsideration of its summary judgment motion that was partially granted and partially denied just over a year ago in a class action by students seeking partial refunds for tuition fees and room and board after the school transitioned to online learning in March 2020 due to the COVID-19 pandemic; the school argues that Berlanga et al. v. University of San Francisco clarified the standard of review to be used in such a case.

  • March 13, 2024

    Widener University Student Files Class Suit Seeking Prorated Pandemic Refunds

    PHILADELPHIA — Widener University breached its contracts with students and was unjustly enriched when it failed to provide prorated refunds for tuition and fees after the school shuttered on-campus teaching, services and amenities and transitioned to remote teaching in March 2020 due to the coronavirus pandemic, a student alleges in her putative class complaint filed in a federal court in Pennsylvania.

  • March 13, 2024

    Judge Strikes Expert Testimony, Denies Class Certification In Suit Against GEICO

    CHICAGO — An Illinois federal judge on March 12 granted insurers’ motion to strike the insureds’ expert testimony and denied the insureds’ motion for certification of two classes in their lawsuit alleging that the insurers violated the Illinois Consumer Fraud and Deceptive Business Practices Act by charging “excessive” premiums during the COVID-19 pandemic that failed to account for a dramatic reduction in driving, finding that the insureds failed to establish predominance to warrant class certification.

  • March 13, 2024

    Appeals Court: Calif. Restaurants’ Pandemic Alcohol License Fee Class Claims Fail

    LOS ANGELES — Class claims by California restaurants against the Department of Alcoholic Beverage Control (ABC) for its failure to refund fees paid during the COVID-19 pandemic when the use of restaurants’ licenses was limited do not constitute petitions for a writ of mandate that an appellate court would have jurisdiction over and are not claims over which a trial court has jurisdiction, a California appellate panel ruled in an unpublished opinion, affirming dismissal by the trial court.

  • March 12, 2024

    Insurers Tell N.C. High Court To Apply 27-Year-Old Precedent To Coronavirus Dispute

    RALEIGH, N.C. — Insurers argued to the North Carolina Supreme Court that it should affirm an appeals court’s reversal of a lower court’s grant of partial summary judgment in favor of restaurant insureds in a COVID-19 coverage dispute, responding to the insured’s appellant argument that the phrase “physical loss or physical damage” includes loss of the physical use of property under the state’s “long-standing principles of insurance contract interpretation.”

  • March 11, 2024

    Majority: Court Erred In Denying Insurer’s Motion To Dismiss COVID-19 Coverage Suit

    RICHMOND, Va. — A majority of the Fourth Circuit U.S. Court of Appeals on March 8 held that a lower federal court erred when it denied an insurer’s motion to dismiss an insured’s coverage lawsuit arising from the coronavirus pandemic, reversing both the lower court’s order denying the insurer’s motion to dismiss and its class certification order and remanding with instructions to dismiss the lawsuit.

  • March 08, 2024

    9th Circuit Panel Says Challenge To California COVID Misinformation Law Is Moot

    SAN FRANCISCO — A panel of the Ninth Circuit U.S. Court of Appeals vacated the decision of a California federal court denying a preliminary injunction sought by physicians to prevent the enforcement of a California medical professional COVID-19 misinformation statute that had since been repealed, remanding the case along with a similar case consolidated with the appeal, with instructions to dismiss both cases as moot.

  • March 08, 2024

    2nd Circuit Dismisses Coronavirus Coverage Suit After Appeal Withdrawn

    NEW YORK — Four days after a commercial property insurer and a commercial landlord insured stipulated that the insured’s appeal in a coronavirus coverage suit was withdrawn with prejudice, the Second Circuit U.S. Court of Appeal dismissed the appeal.

  • March 06, 2024

    Washington Judge Partly Grants Insurer’s Motion For Clarification In COVID-19 Suit

    SEATTLE —Partly granting an insurer’s motion for partial clarification or reconsideration of a Jan. 4 order denying the insurer’s motion to dismiss the University of Washington’s lawsuit seeking coverage for losses allegedly incurred by its medical and athletic properties in the wake of the coronavirus pandemic, a Washington judge held that the university has pleaded facts to trigger its medical centers’ policies’ communicable disease decontamination cost endorsements; its coverage claims under the athletic properties’ policies are not dismissed and its claims for coverage are not limited to the medical center policies’ time element losses due to contamination by communicable disease endorsements.

  • March 06, 2024

    English Justice Denies Summary Judgment As To Coverage Issue In COVID-19 Suit

    LONDON — A justice of the High Court of England and Wales denied summary judgment to two restaurant chains on the issue of coverage for their business interruption losses arising from the coronavirus pandemic but granted summary judgment and permission to appeal the policy construction issue.

  • March 05, 2024

    9th Circuit: Pilot’s Appeal In Challenge To Airport Masking Rule Is Untimely

    SAN FRANCISCO — A panel of the Ninth Circuit U.S. Court of Appeals dismissed the appeal of an airline pilot seeking review of a Washington federal court decision dismissing his complaint alleging that he was racially profiled and unlawfully detained by airport police officers in their attempt to enforce the Transportation Security Administration’s (TSA) COVID-19 masking policy as the pilot passed through security on the way to his flight, concluding that the notice of appeal had not been filed within 30 days of the trial court’s judgment.

  • March 05, 2024

    Class, Hospitals Ask 6th Circuit To Uphold Vaccine Mandate Settlement

    CINCINNATI — A class of hospital employees and their employer who reached a $130,000 nationwide settlement in a case over the employer’s mandatory COVID-19 vaccine policy filed separate appellee briefs in the Sixth Circuit U.S. Court of Appeals seeking to uphold the settlement approval being challenged on appeal by objectors.

  • March 04, 2024

    PPP Loan Forgiveness Case Dismissed After Attorney Fails To Withdraw

    ALBUQUERQUE, N.M. — A New Mexico federal judge on March 1 dismissed without prejudice a case in which a mental health treatment facility sought de novo review of a decision of the Small Business Administration (SBA) denying forgiveness for a Paycheck Protection Program (PPP) loan after the facility’s attorney failed to withdraw from the case as ordered due to his suspension from practice by the Louisiana Supreme Court.

  • March 04, 2024

    Ferry Workers Ask 1st Circuit To Reverse Injunction Denial In Vaccine Case

    BOSTON — A trial court erred its standard of review selection and abused its discretion when it denied for a second time a request for preliminary injunction by employees of a Massachusetts ferry operations authority who sued after their requests for religious exemptions from a COVID-19 vaccine mandate were denied, the workers argue in their appellant brief filed in the First Circuit U.S. Court of Appeals.

  • March 01, 2024

    Tribal Court Has Jurisdiction Over Tribe’s Coronavirus Coverage Suit, 9th Circuit Affirms

    SEATTLE — The Ninth Circuit U.S. Court of Appeals on Feb. 29 affirmed a lower federal court’s finding that a tribal court has subject matter jurisdiction over a coronavirus coverage suit involving tribal properties on tribal land that the Suquamish Tribe brought against “nonmember, off-reservation” insurers that participate in a program that is tailored to and offered exclusively to tribes.

  • March 01, 2024

    Termination Over COVID-19 Policy Was Not Tied To Man’s Native American Heritage

    TRENTON, N.J. — A New Jersey county and local union are entitled to summary judgment on claims brought against them by a man who says he was terminated from his employment with the county because of his Native American “cultural” opposition to a COVID-19 vaccination policy because the man failed to show that the termination was related to his race or national identity, a New Jersey federal judge found Feb. 29 in granting the county’s and union’s summary judgment motions.

  • March 01, 2024

    City Seeks Rehearing In Coverage Suit Over Tax Revenue Losses Arising From Pandemic

    ST. LOUIS — A Missouri city asked the Eighth Circuit U.S. Court of Appeals to reconsider its ruling that a commercial property insurer owes no coverage for the city’s tax revenue losses due to governmental closure orders in response to the coronavirus pandemic, arguing that the “inartful” policy is not clear and unambiguous.

  • February 29, 2024

    Indiana Panel Affirms No Coverage Ruling In Purdue’s Suit Arising From Coronavirus

    INDIANAPOLIS — An Indiana appeals court on Feb. 28 affirmed a lower court’s ruling in favor of an all-risks commercial insurer in the Trustees of Purdue University’s declaratory judgment lawsuit seeking coverage for its business interruption losses arising from the coronavirus pandemic, finding that Purdue’s claim does not fall under the unambiguous policy coverage for physical property loss or damage.

  • February 28, 2024

    Judge: SBA Properly Denied Loan Forgiveness To PPP Borrower Not Initially Eligible

    AMARILLO, Texas — In a lawsuit brought by a truck dealer against the federal government challenging the Small Business Administration’s (SBA) determination that the dealer was not initially eligible for a Paycheck Protection Program (PPP) loan and thus ineligible for loan forgiveness, a Texas federal judge on Feb. 27 denied the dealer’s motion to alter or amend his opinion upholding the SBA’s decisions, ruling that the SBA’s loan review process “protects taxpayers from footing the bill for loans issued to ineligible parties” and that the SBA was authorized to enact that process.

  • February 27, 2024

    Oregon Seeks Rehearing After 9th Circuit Ruling In Prisoner Vaccine Case

    SEATTLE — A Ninth Circuit U.S. Court of Appeals panel created intra- and inter-circuit conflict with a decision denying Oregon’s petition for a writ of mandamus seeking to quash a trial court’s order compelling the deposition of the former governor in a class lawsuit by prisoners suing over the distribution of COVID-19 vaccinations and deaths due to the virus, the state argues in a petition for rehearing or rehearing en banc.

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