This 26th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning to now-familiar topics involving liability protection for businesses, wrongful death lawsuits (particularly those involving long-term care facilities), tuition refunds, and, of course, constitutional challenges to emergency and public health orders.
The article on take-home COVID-19 cases, however, bears particular scrutiny as it highlights a possibility that we have been discussing from some of earliest issues -- that plaintiffs might try to hold businesses responsible not just for the infection of their employees, but also their employees' families. Also notable is the staying power of constitutional challenges, which continue to be filed (and find success!) despite some earlier setbacks....
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