Mealey's Coronavirus : Mealey's : Legal News & Analysis

Mealey's Coronavirus

May 26, 2023
Injunctions Dissolved, Dismissal Granted In 2 Military Members’ Vaccine Cases

TAMPA, Fla. — A federal judge in Florida filed an order dissolving three preliminary injunctions issued in two complaints by military members challenging a COVID-19 vaccine mandate, decertifying a class of marines in one of the cases and dismissing as moot both of the actions in accordance with an April indicative ruling.
May 24, 2023
Parties Stipulate To Dismissal Of Suit Over COVID-Era New York City Severance Law

NEW YORK — After the parties fully briefed an interlocutory appeal regarding a New York City law enacted during the COVID-19 pandemic, the Second Circuit U.S. Court of Appeals on May 23 enacted a stipulation withdrawing the appeal and the parties stipulated in New York federal court to voluntary dismissal of the case with prejudice.
May 22, 2023
Panel Affirms Dismissal Of Consolidated Class Actions Seeking Coronavirus Coverage

SEATTLE — In three rulings, the Ninth Circuit U.S. Court of Appeals on May 19 affirmed a Washington federal judge’s ruling that granted insurers’ motion to dismiss consolidated class actions brought by western Washington businesses seeking coverage for lost income stemming from the coronavirus pandemic, agreeing that COVID-19 does not cause the physical loss or damage to the insureds’ property that is required to trigger coverage.
May 22, 2023
Settlement Reached In Suit Alleging Lender Improperly Denied Loan Modification

CLEVELAND — An Ohio federal judge agreed to dismiss a complaint alleging that a mortgage lender failed to allow a loan modification after borrowers fell delinquent because of circumstances connected to the COVID-19 pandemic after the parties agreed to a confidential settlement.
May 22, 2023
4th Amended Complaint Filed In Wells Fargo COVID-19 Mortgage Forbearance Dispute

SAN FRANCISCO — A group of homeowners who sued Wells Fargo for allegedly putting their residential mortgages into forbearance without their consent during the COVID-19 pandemic on May 19 filed a fourth amended complaint in response to an order on the lender’s motion to dismiss.
May 22, 2023
NYC Workers’ Vaccine Class Case Renewed Application Denied By SCOTUS

WASHINGTON, D.C. — A renewed application by a nonprofit and current and former New York City workers for a stay of a COVID-19 vaccine mandate was denied May 22 by the U.S. Supreme Court.
May 19, 2023
Dance Teacher, Husband Appeal Dismissal Of Bias Claims In Pandemic Dispute

NEWARK, N.J. — A dance teacher and her husband who allege that the teacher was improperly fired after opposing training that she said promoted critical race theory (CRT) and seeking accommodations from vaccine and back-to-work requirements due to the coronavirus pandemic filed a notice of appeal after a federal judge in New Jersey dismissed their claims.
May 19, 2023
2nd Circuit: Shareholders’ COVID-19 Vaccine Misstatements Suit Properly Dismissed

NEW YORK — AstraZeneca PLC shareholders who accused the company and executives of making material misstatements regarding testing of a COVID-19 vaccine failed to “adequately [plead] falsity or facts fiving rise to a strong inference of scienter,” a Second Circuit U.S. Court of Appeals panel ruled, affirming dismissal of the complaint.
May 18, 2023
Dismissal Motion Tossed For Lack Of Pre-Motion Conference Letter In COVID Test Suit

NEWARK, N.J. — In a lawsuit brought by a medical testing laboratory seeking reimbursement for COVID-19 testing from a pair of health insurers, a New Jersey federal judge administratively terminated the insurers’ motion to dismiss the laboratory’s amended complaint, citing the insurers’ failure to comply with judge’s procedures requiring a short letter requesting a pre-motion conference before filing a motion to dismiss.
May 18, 2023
Texas’ Voluntary Dismissal Of Federal Contractor Vaccine Mandate Suit Granted

GALVESTON, Texas — A federal judge in Texas issued an order dismissing a lawsuit by Texas challenging an executive order requiring federal contractors to be vaccinated against COVID-19 four days after the state filed a notice of voluntary dismissal because the executive order was revoked.
May 18, 2023
Judge Compels Arbitration Of Thai Company’s Claims In COVID Gloves Sales Dispute

LOS ANGELES — A California federal judge granted a Los Angeles-based company’s owner’s motion to compel arbitration in Singapore of claims brought against him by a Thai nitrile gloves manufacturer for failure to pay $4.7 million for gloves the Thai company manufactured and delivered to his company during the COVID-19 pandemic.
May 18, 2023
Wisconsin High Court: Ivermectin Treatment Order Lacked Basis In Law

MADISON, Wis. — On a 6-1 vote, the Wisconsin Supreme Court has affirmed an intermediate appeals court’s reversal of an injunction that would have forced a hospital to allow a health care power of attorney to have ivermectin administered to a COVID-19 patient or force a hospital to consider credentialing a health care provider who could administer the drug.
May 18, 2023
University Granted Summary Judgment In Pandemic Closure Class Suit

PORTLAND, Ore. — Students who sued Oregon State University (OSU) for halting in-person classes for the spring 2020 term due to the coronavirus pandemic knew of the mode of instruction before the term began and were offered an extended time to withdraw from classes and receive a refund, a federal judge in Oregon ruled, granting the school’s summary judgment motion in the putative class lawsuit.
May 17, 2023
1st Amendment Suit Against Biden, Facebook, Twitter For Deleted Posts Dismissed

SAN FRANCISCO — One year after dismissing a social media user’s free speech lawsuit against President Joseph R. Biden, Facebook Inc. and Twitter Inc. over the removal of his posts about COVID-19, a California federal judge denied the plaintiff’s motion to amend his complaint, finding that he failed to establish the necessary government control over the social networks’ actions that would permit the filing of claims under the First Amendment to the U.S. Constitution.
May 17, 2023
University Pandemic Closure Class Suit Remanded Due To CAFA ‘Home State’ Exception

BROOKLYN, N.Y. — A consolidated class complaint accusing St. John’s University of breach of contract, unjust enrichment and conversion after it switched to online-only learning at the start of the coronavirus pandemic belongs in state court under the Class Action Fairness Act’s (CAFA) “home state” exception, a federal judge in New York ruled, rejecting the school’s argument that the exception can’t be called upon when the students initially chose a federal forum.
May 16, 2023
Split 10th Circuit Affirms Class Cert Denial In University Pandemic Closure Case

DENVER — A trial court “acted within its discretionary bounds” when it denied class certification in a student’s lawsuit over Brigham Young University’s (BYU) failure to provide any partial refunds of tuition and fees after classes were all switched to online-only during the coronavirus pandemic, a divided 10th Circuit U.S. Court of Appeals panel ruled.
May 15, 2023
Oregon High Court Declines Panel’s Certified Question In COVID-19 Coverage Suit

SALEM, Ore. — The Oregon Supreme Court declined to accept the Ninth Circuit U.S. Court of Appeals’ certified question asking whether “the actual or potential presence of the COVID-19 virus on an insured's premises constitute ‘direct physical loss or damage to property’ for purposes of coverage under a commercial property insurance policy.”
May 15, 2023
Broadway Owner, Insurers Voluntarily Dismiss Federal Coronavirus Coverage Suit

NEW YORK — The owner and operator of five Broadway theaters and its insurers filed a stipulation notifying a New York federal court that they are voluntarily dismissing the insured’s breach of contract coverage lawsuit arising from the coronavirus pandemic.
May 12, 2023
N.H. High Court Reverses Ruling In Hotel Insureds’ Favor In COVID-19 Coverage Suit

CONCORD, N.H. — The New Hampshire Supreme Court on May 11 held that the presence of SARS-CoV-2 in the air or on surfaces at insureds’ premises fails to satisfy a property insurance policy’s requirement of “loss or damage” or “direct physical loss of or damage to property” under Mellin v. Northern Security Insurance Co., reversing a lower court’s grant of partial summary judgment in favor of the insureds in a coronavirus coverage dispute.
May 11, 2023
Government’s Appeal Of Vaccine Injunction Closed; Case Remanded For Dismissal

ATLANTA — The 11th Circuit U.S. Court of Appeals granted a motion by the federal government to close their appeal of a military vaccine mandate case in which a preliminary injunction was granted to two military officers and remand for a trial court to enter an order following its indicative ruling that it would dissolve the preliminary injunction in this appeal and other cases currently pending, decertify a class of Marines and dismiss the claims by members of the Navy and Marine Corps as moot.
May 10, 2023
5th Circuit Rejects New Argument In Emergency Paid Sick Leave Act Appeal

NEW ORLEANS — A former employee alleging that his termination was retaliation for filing an internal complaint under the Emergency Paid Sick Leave Act (EPSLA) can’t raise this new theory of liability on appeal as his complaint failed to raise that allegation, a Fifth Circuit U.S. Court of Appeals ruled, affirming a trial court’s summary judgment ruling against the employee.
May 10, 2023
9th Circuit: Workers Failed To Show Early Retirement Program Was Adverse Action

SAN FRANCISCO — Flight attendants who were offered an early retirement option in the wake of the coronavirus pandemic and flight cancellations failed to show in their age bias putative class complaint that the retirement offering by American Airlines Inc. was an adverse employment action, a Ninth Circuit U.S. Court of Appeals panel ruled, affirming a trial court’s dismissal of the case.
May 09, 2023
California Jury Returns Verdict In Insurer’s Favor In COVID-19 Coverage Suit

LOS ANGELES — A California jury returned a special verdict in favor of a commercial property insurer in insureds’ breach of contract coverage lawsuit arising from the coronavirus pandemic, finding that SARS-CoV-2 did not cause any direct physical loss or damage to the insureds’ hotel on or before June 1, 2020.
May 08, 2023
5th Circuit Affirms Dismissal Of New Orleans Hotelier’s Coronavirus Coverage Suit

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on May 5 affirmed a lower federal court’s dismissal of a hotel owner’s breach of contract lawsuit seeking coverage for its lost income after it was temporarily shut down in response to the coronavirus pandemic, agreeing with the lower court that the insured failed to demonstrate a “tangible” loss to trigger coverage.
May 08, 2023
Split Mass. High Court Reverses Dismissal In Veterans Home COVID-19 Death Case

BOSTON — A split Massachusetts Supreme Judicial Court reversed a lower a court’s dismissal of criminal charges against a former superintendent and medical director of a veterans home for their roles in commingling COVID-19-symptomatic residents with asymptomatic residents, leading to 76 deaths, finding that the defendants’ failure to comply with infection control practices constituted wanton or reckless behavior.