Bi-Coastal Blow to Covid Related Restaurant Business Interruption Claims
During the first week of October two separate District Courts, for the Northern District of Georgia and the Central District of California, issued Orders granting the respective motions to dismiss filed by insurer defendants arguing that their policies provide no coverage for a restaurant insureds’ claim for business income coverage alleging losses stemming from Covid-19 closures. In...Read More 0
Virus Exclusion At Play for Pennsylvania Law Firm (PA)
The Eastern District of Pennsylvania recently dealt with an attorney filing a lawsuit after her law firm was forcibly shut down as a result of the Coronavirus pandemic. In Rhonda Hill Wilson, et al. v. Hartford Casualty Co., et al. the District Court granted the defendants’ motions to dismiss for failure to state a claim after determining that the plaintiffs’ claims were barred by the virus...Read More 0
Multidistrict Litigation For COVID Claims To Come?
The most significant insurance issue of the Covid-19 pandemic has been insureds’ claims for business interruption coverage resulting from the forced closure of their businesses around the country. This issue alone has sparked hundreds of lawsuits spanning nearly every jurisdiction in the country. After arguments last week, the Judicial Panel of Multidistrict Litigation (the “JPMDL”) is now set...Read More 0
Recent Litigation Tracking Indicates Early Wins For Insurers In COVID Cases
Recent court decisions on “business interruption” coverage claims related to COVID-19 seem to be tentatively favoring insurers with respect to claims for lost income during the COVID-19 pandemic. Several jurisdictions have ruled for insurance companies, including state courts in California, Michigan and the District of Columbia, as well as in federal courts in Texas and California....Read More 0
Wedding Venue Brings Federal Action Against Governor Cuomo Over 50 Person Limit (NY)
In an attempt to limit the transmission of COVID-19, Governor Cuomo issued a mandate limiting the amount of people allowed at a social or recreational gathering to no more than fifty (50) people. In response to this Order, on August 28, 2020, New York wedding venues field a federal class action lawsuit against Governor Cuomo and other state officials. In Bill & Ted’s Riviera, Inc.,...Read More 0
The New Normal (NY)
The New York Supreme Court Commercial Division has enacted a new rule that allows attorneys to request permission to appear remotely before commercial judges based on a showing of a good cause. The new rule is a clear shift from the status quo of courts operating on an ad hoc basis filled with administrative court adjournments and trial delays. However, what separates the Commercial...Read More 0
Report Indicates Nearly 300 Federal Lawsuits Have Been Filed As A Result Of The Coronavirus Pandemic
Nearly 300 federal lawsuits have been filed in the months of March and April 2020, which stem from the COVID-19 pandemic, a number that is likely to continue to expand. Lex Machina found 395 new lawsuits using COVID-19 related terms over the two-month period. Among those suits, 287 stemmed from the COVID-19 crisis, the company reported. Contracts, insurance and employment were the practice...Read More 0
Amazon Tries to Dodge Federal Suit (NY)
A complaint filed in the U.S. District Court for the Eastern District of New York on behalf of six plaintiffs alleges that Amazon failed to keep its JFK8 warehouse in Staten Island safe during the COVID-19 pandemic. The group of plaintiffs specifically allege that Amazon failed to comply with New York law and state and federal public health guidance during COVID-19 pandemic. The complaint...Read More 0
The Show Must Go On: New Jersey State Bar Association Releases Report to Help NJ State Courts Resume Jury Trials Amidst Pandemic
As we head into the fifth month since the COVID-19 pandemic halted court operations, the New Jersey State Bar Association released a report and recommendations for the resumption of jury trials in the New Jersey courts. The report released in early July was created to help New Jersey courts restart jury trials in a way that will keep all participants healthy and safe, while accommodating and...Read More 0
Pennsylvania Grocery Store Chain Faces Multiple Federal Lawsuits Over Face Mask Policy (PA)
Numerous lawsuits have been filed in the Western District of Pennsylvania against Giant Eagle, a Pennsylvania grocery store chain, over its face mask policy. Due to the Covid-19 pandemic, Governor Wolf has instituted various mandates in an effort to prevent the spread of the virus, including, inter alia, a requirement that individuals must wear face coverings while in public spaces. In the...Read More 0