Welcome to the second issue of the 2021 edition of Unprecedented. The first week of the Biden administration already has represented a shift to the federal government's approach to the COVID-19 pandemic. In addition to...more
Welcome to the first 2021 edition of Unprecedented. Although a new year brings new hopes for vaccinations and a swift end to the COVID-19 pandemic, a sober assessment of the state of affairs suggests we are months out, at...more
This 35th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us discussing yet more shutdown challenges, nursing home wrongful-death cases, landlord-tenant disputes, and tuition-refund claims....more
12/10/2020
/ Business Interruption ,
Colleges ,
Coronavirus/COVID-19 ,
Emergency Orders ,
Executive Orders ,
Financial Stimulus ,
Gross Negligence ,
Nursing Homes ,
Relief Measures ,
Religious Institutions ,
State of Emergency ,
Wrongful Death
Litigators often refer to so-called "bad facts," which are the facts that have the potential to sink a case with a jury. This 33rd issue of Unprecedented discusses a case with perhaps the worst alleged set of "bad facts" that...more
11/24/2020
/ Attorney's Fees ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Disability Discrimination ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Eviction ,
First Amendment ,
FL Supreme Court ,
Government Speech Doctrine ,
Hiring & Firing ,
Infectious Diseases ,
Masks ,
Moratorium ,
Personal Protective Equipment ,
Preliminary Injunctions ,
Wrongful Death
How quickly things change. This, perhaps more than anything else, encapsulates the world of COVID-19 and the related litigation. Between Issue 31 and Issue 32 of Unprecedented, the United States has seen its reported COVID-19...more
11/17/2020
/ All-Risks Insurance ,
Business Interruption ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Employment Policies ,
First Amendment ,
Fourth Amendment ,
Governor Carney ,
Infectious Diseases ,
Personal Protective Equipment ,
Race Discrimination ,
Religious Institutions ,
Workplace Safety ,
Wrongful Death
This 29th edition of Unprecedented, our weekly update on COVID-19-related litigation, covers some of the hottest topics in these developing areas of law: governments' authority to implement mass gathering restrictions, face...more
10/29/2020
/ Business Interruption ,
Catholic Church ,
Churches ,
Civil Liability ,
Coronavirus/COVID-19 ,
Curfews ,
Freedom of Religion ,
Governor Cuomo ,
Governor Evers ,
Long Term Care Facilities ,
Masks ,
Nursing Homes ,
Public Gatherings ,
Refunds ,
Students ,
Tuition ,
Universities ,
Wrongful Death
This 27th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us start with a discussion of a trend toward class actions, with later discussions on two key areas -- insurance coverage disputes and...more
10/13/2020
/ Audits ,
Business Closures ,
Business Interruption ,
Civil Liability ,
Class Action ,
Colleges ,
Coronavirus/COVID-19 ,
Criminal Convictions ,
Denial of Insurance Coverage ,
Emergency Powers ,
Executive Orders ,
Firemen ,
Governor Hogan ,
Governor Whitmer ,
Governor Wolf ,
Meat Processing Plants ,
MI Supreme Court ,
Nursing Homes ,
Occupational Exposure ,
Patent Infringement ,
Public Health Emergency ,
Refunds ,
SCOTUS ,
Shelter-In-Place ,
Sick Employees ,
Students ,
Tuition ,
Universities ,
Waivers ,
Workplace Safety ,
Wrongful Death
COVID-19 and Unprecedented: Litigation Insights, Issue 22
In our 22nd edition of Unprecedented, our weekly update on COVID-19-related litigation, we see cases against employers continue to rise, and offer insight for...more
9/2/2020
/ Americans with Disabilities Act (ADA) ,
Business Closures ,
Centers for Disease Control and Prevention (CDC) ,
Civil Liability ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Dilution ,
Dismissals ,
Emergency Orders ,
Employer Liability Issues ,
Executive Orders ,
Facebook ,
False Designation of Origin ,
Family and Medical Leave Act (FMLA) ,
Governor Evers ,
Governor Northam ,
Instagram ,
Masks ,
OSHA ,
Refunds ,
Remote Learning ,
Students ,
Trademark Infringement ,
Tuition ,
Universities ,
VA Supreme Court ,
Workers' Compensation Claim ,
Workplace Safety ,
Wrongful Death
This 21st edition of Unprecedented, our weekly update on COVID-19-related litigation, pairs defense victories with new claims. Lenders obtained the dismissal of a lawsuit claiming agent fees under the PPP program, and...more
8/27/2020
/ Agricultural Workers ,
Amazon ,
Bars ,
Borrowers ,
Breach of Contract ,
Business Closures ,
CARES Act ,
Civil Authority Coverage ,
Civil Rights Act ,
Contamination ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Dismissals ,
Executive Orders ,
Farms ,
Finder's Fees ,
Health Care Providers ,
Infectious Diseases ,
Injunctions ,
Lenders ,
Local Ordinance ,
Masks ,
Mediation ,
Online Education ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Price Gouging ,
Property Damage ,
Public Gatherings ,
Sanitation ,
School Closures ,
Sick Customers ,
Small Business Loans ,
State and Local Government ,
Third-Party ,
Universities ,
Unjust Enrichment ,
Virus Testing ,
Workplace Decontamination ,
Workplace Safety ,
Wrongful Death
This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more
8/20/2020
/ Administrative Procedure Act ,
All-Risks Insurance ,
Business Closures ,
Business Interruption ,
Case Consolidation ,
Civil Authority Coverage ,
Civil Liability ,
Constitutional Challenges ,
Consumer Fraud ,
Contract Terms ,
Coronavirus/COVID-19 ,
Court Schedules ,
Denial of Insurance Coverage ,
Department of Justice (DOJ) ,
Dismissals ,
Employer Liability Issues ,
Eviction ,
Executive Orders ,
Family Members ,
Government Shutdown ,
Governor Cooper ,
Gross Negligence ,
Immigration Attorneys ,
Insurance Industry ,
Landlords ,
Legislative Agendas ,
Masks ,
Meat Processing Plants ,
Moratorium ,
Motion to Dismiss ,
Multidistrict Litigation ,
Personal Protective Equipment ,
Property Insurance ,
Public Health Emergency ,
Sick Employees ,
State Attorneys General ,
State Legislatures ,
Tenants ,
VA Supreme Court ,
Virus Testing ,
Voluntary Withdrawal ,
Willful Misconduct ,
Workplace Safety ,
Wrongful Death
Welcome to 2020's second edition of Product Lines, our e-newsletter that focuses on toxic torts and product liability issues.
For this edition, we are reporting on several important and timely legal issues. As you will...more
8/17/2020
/ Bayer ,
Class Action ,
Class Certification ,
Climate Change ,
Consumer Fraud ,
Consumer Product Companies ,
Coronavirus/COVID-19 ,
E-Commerce ,
Food and Drug Administration (FDA) ,
IKEA ,
Misrepresentation ,
NJ Supreme Court ,
Pharmaceutical Industry ,
Product Defects ,
Product Recalls ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Settlement Agreements ,
Toxic Exposure ,
Vaccinations ,
Wrongful Death
This 17th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses everything from insurance coverage disputes to statewide shutdown orders. Despite an uphill climb towards liability, businesses...more
7/30/2020
/ Breach of Contract ,
Business Closures ,
Business Losses ,
Civil Liability ,
Class Action ,
Colleges ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Economic Sanctions ,
Employer Liability Issues ,
Executive Orders ,
Federal Funding ,
Free Exercise Clause ,
Government Shutdown ,
Governor Sisolak ,
Governor Wolf ,
Hospitality Industry ,
Immunity ,
Infectious Diseases ,
Occupational Exposure ,
OSHA ,
Popular ,
Refunds ,
Remote Learning ,
Restaurant Industry ,
State and Local Government ,
Tuition ,
Universities ,
Workplace Injury ,
Wrongful Death ,
Wrongful Withholding
This 11th edition of Unprecedented, our weekly update on COVID-19-related litigation, identifies news reports placing the number of COVID-19 filings at around 2,700, with insurance coverage disputes former the single largest...more
6/16/2020
/ Business Interruption ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Cruise Ships ,
Elder Care ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Litigation ,
Insurance Industry ,
Insurance Litigation ,
Multidistrict Litigation ,
Nursing Homes ,
Paycheck Protection Program (PPP) ,
Pharmaceutical Industry ,
Police Power ,
Prison ,
Prisoners ,
Public Health ,
State Constitutions ,
State Legislatures ,
Vaccinations ,
Wrongful Death
Welcome to the third 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues....
In This Edition:
- Vitamin E Found in Cannabis-Containing Vape Products Linked...more
10/1/2019
/ Automotive Industry ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Conflicts of Laws ,
E-Cigarettes ,
Electric Vehicles ,
Failure To Warn ,
Federal Bans ,
Federal v State Law Application ,
Food and Drug Administration (FDA) ,
Fuel Efficiency ,
Judges ,
Jury Trial ,
Merck Sharp & Dohme Corp. v. Albrecht ,
Preemption ,
Prescription Drugs ,
Product Defects ,
SCOTUS ,
State Bans ,
States Rights ,
Toxic Exposure ,
Trump Administration ,
Vaping ,
Wrongful Death ,
Zero-Emission Vehicles
Welcome to the first 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues.
For this edition, we are reporting on several important and timely legal issues. As...more
4/3/2019
/ Amicus Briefs ,
Animal Food ,
Basketball ,
Class Action ,
Class Certification ,
Climate Change ,
College Athletes ,
CT Supreme Court ,
Decriminalization of Marijuana ,
Denial of Insurance Coverage ,
Design Defects ,
Energy Sector ,
Environmental Violations ,
Federal v State Law Application ,
Gun Manufacturers ,
Jurisdiction ,
Manufacturing Defects ,
Marijuana Related Businesses ,
Motion to Dismiss ,
Motion To Strike ,
Nike ,
Oil & Gas ,
Product Defects ,
Protection of Lawful Commerce in Arms Act (PLCCA) ,
Sandy Hook ,
Toxic Exposure ,
Trump Administration ,
Unfair Trade Practices Act ,
Wrongful Death