This eighth edition of Unprecedented, our weekly update on COVID-19-related litigation, follows what we hope was a restful and meaningful Memorial Day weekend. For the third week in a row, shutdown challenges, workers'...more
5/28/2020
/ Appeals ,
Churches ,
Civil Liability ,
Class Action ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Court Schedules ,
Cruise Ships ,
Death Penalty ,
Emergency Management Plans ,
Employer Liability Issues ,
Executive Orders ,
First Amendment ,
Fraud ,
Freedom of Religion ,
Government Lockdown ,
Governor Brown ,
Governor Northam ,
Governor Pritzker ,
Governor Sisolak ,
Governor Whitmer ,
Healthcare Workers ,
LegalZoom ,
Nursing Homes ,
Personal Protective Equipment ,
Political Parties ,
Preliminary Injunctions ,
Public Health Emergency ,
Refunds ,
Shelter-In-Place ,
Sick Employees ,
Stays ,
Tuition ,
Universities ,
Workers' Compensation Claim ,
Workplace Safety ,
Wrongful Death
This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits...more
5/22/2020
/ Appeals ,
Business Closures ,
Commerce Clause ,
Compelling Governmental Interest ,
Conflicts of Laws ,
Constitutional Challenges ,
Contracts Clause ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Department of Education ,
Elective Surgical Procedures ,
Employer Liability Issues ,
Equal Protection ,
Establishment Clause ,
Fraud ,
Free Exercise Clause ,
Free Speech ,
Freedom of Religion ,
Government Lockdown ,
Governor Cooper ,
Governor Cuomo ,
Governor Newsom ,
Governor Northam ,
Governor Pritzker ,
Governor Whitmer ,
Health Care Providers ,
Injunctive Relief ,
Lack of Authority ,
Landlords ,
Local Ordinance ,
Meat Processing Plants ,
Moratorium ,
Nursing Homes ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Political Parties ,
Preemption ,
Public Health Emergency ,
Social Distancing ,
Split of Authority ,
State Legislatures ,
Student Loans ,
Takings Clause ,
Tesla ,
TRO ,
Wage Garnishment ,
Workplace Safety ,
Wrongful Death
This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more
5/14/2020
/ Business Closures ,
Business Interruption ,
CARES Act ,
Civil Authority Coverage ,
Collective Bargaining ,
Commercial Speech ,
Constitutional Challenges ,
Contracts Clause ,
Coronavirus/COVID-19 ,
Cruise Ships ,
Debt Collectors ,
Due Process ,
Emergency Powers ,
Equal Protection ,
Fifth Amendment ,
First Amendment ,
Fourteenth Amendment ,
Fraud ,
Free Exercise Clause ,
Free Speech ,
Government Shutdown ,
Governor Cuomo ,
Governor Whitmer ,
Gross Negligence ,
Injunctive Relief ,
Jones Act ,
Meat Processing Plants ,
Negligence ,
OSHA ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Price Gouging ,
Primary Elections ,
Public Health Emergency ,
Refunds ,
Rental Property ,
Right to Peaceful Assembly ,
SCOTUS ,
Second Amendment ,
Shelter-In-Place ,
Short-Term Lease ,
Takings Clause ,
Trademark Infringement ,
Universities ,
Whistleblowers ,
Workplace Safety ,
Wrongful Death
In this webinar, Spilman Members Niall Paul and Joseph Schaeffer discuss the developing risks and civil liabilities associated with COVID-19 and operating businesses including wrongful death or personal injury claims relating...more
5/1/2020
/ Business Operations ,
Civil Liability ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Fifth Amendment ,
Health and Safety ,
Immunity ,
Operators of Essential Services ,
Personal Protective Equipment ,
Regulatory Takings ,
Risk Mitigation ,
Takings Clause ,
Workplace Safety ,
Wrongful Death
Another week brings another round of COVID-19-related lawsuits. We are identifying some early trends and provide a synopsis of the more relevant lawsuits below....more
4/27/2020
/ Amazon ,
Antitrust Violations ,
Business Interruption ,
Collaboration ,
Constitutional Challenges ,
Debt Collection ,
Denial of Insurance Coverage ,
Department of Justice (DOJ) ,
Doffing ,
Donning ,
Executive Orders ,
Immunity ,
Instagram ,
Interstate Travel Restrictions ,
Moratorium ,
Nursing Homes ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Postponement ,
Price Gouging ,
Refunds ,
Sanitation ,
SBA ,
Shelter-In-Place ,
Small Business Loans ,
State Attorneys General ,
Students ,
Third-Party ,
Virtual Education Tools ,
Wage and Hour ,
WARN Act ,
Whistleblowers ,
Wrongful Arrest ,
Wrongful Death
First wrongful death lawsuit from COVID-19 filed against employer. Despite Walmart taking extensive measures to protect "associates and customers, including additional cleaning measures, installing sneeze guards at...more
4/10/2020
/ Business Closures ,
Business Interruption ,
Class Action ,
Condemnation ,
False Advertising ,
Fifth Amendment ,
First Amendment ,
Fourteenth Amendment ,
Freedom of Religion ,
Government Lockdown ,
Gun Laws ,
Injunctive Relief ,
Just Compensation ,
Prisoners ,
Private Property ,
Refunds ,
Right to Peaceful Assembly ,
School Closures ,
Second Amendment ,
Takings Clause ,
Unfair or Deceptive Trade Practices ,
Unlawful Aliens ,
Workplace Decontamination ,
Wrongful Death