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
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 16th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses claims ranging from insurance coverage disputes to prisoners’ rights. The top story this week, however, is undoubtedly a Michigan...more
7/23/2020
/ Business Interruption ,
Civil Authority Coverage ,
Civil Monetary Penalty ,
College Athletes ,
Confrontation Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Court Schedules ,
Criminal Procedure ,
Cruise Ship Passengers ,
Cruise Ships ,
Denial of Insurance Coverage ,
Disgorgement ,
Dismissal With Prejudice ,
Dismissals ,
Emergency Orders ,
Governor Wolf ,
Injunctive Relief ,
Insurance Brokers ,
Masks ,
Negligence ,
Negligent Infliction of Emotional Distress ,
NFL ,
OSHA ,
Policy Exclusions ,
Price Gouging ,
Prisoners ,
Property Damage ,
Restitution ,
Safety Standards ,
School Sports ,
State Attorneys General ,
Student Athletes ,
Unfair or Deceptive Trade Practices ,
Video Recordings ,
Videoconference ,
Virtual Litigation ,
Witnesses ,
Writ of Habeus Corpus ,
Writ of Mandamus ,
Zone of Danger Test
This 15th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. This week we note how COVID-19 has accelerated a pre-existing trend toward class action litigation. And...more
7/19/2020
/ Airlines ,
American Civil Liberties Union (ACLU) ,
Business Closures ,
Business Interruption ,
Casino Employee ,
Casinos ,
Class Action ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Cruel & Unusual Punishment ,
Denial of Insurance Coverage ,
Disability Discrimination ,
Enforcement Actions ,
Entertainment Venues ,
Executive Orders ,
Exemptions ,
Failure to Comply ,
Government Lockdown ,
Gym Memberships ,
Health Care Providers ,
Hospitality Industry ,
Hotels ,
Infectious Diseases ,
Injunctive Relief ,
Limitation of Liability Clause ,
Masks ,
Personal Protective Equipment ,
Popular ,
Prisoners ,
Private Schools ,
Public Nuisance ,
Quarantine ,
Refunds ,
Shelter-In-Place ,
Sick Employees ,
Social Distancing ,
Trump Administration ,
Unions ,
Universities ,
Workplace Safety
This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more
7/13/2020
/ Arbitrary and Capricious ,
Austria ,
Bars ,
Board of Education ,
Class Action ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Disparate Impact ,
Due Process ,
Emergency Management Plans ,
Equal Protection ,
Eviction ,
Executive Orders ,
Failure To Protect ,
First Responders ,
Florida ,
Free Speech ,
Government Shutdown ,
Governor Cuomo ,
Governor Pritzker ,
Infectious Diseases ,
Injunctive Relief ,
Kid Rock ,
Lack of Authority ,
Landlords ,
Liquor Licences ,
Local Ordinance ,
Long Term Care Facilities ,
Masks ,
Medical Monitoring ,
Moratorium ,
Negotiations ,
New York ,
Non-Essential Businesses ,
Nursing Homes ,
On-Call Employees ,
Parental Rights ,
Pennsylvania ,
Permanent Bans ,
Personal Protective Equipment ,
Protests ,
Public Schools ,
Rent ,
Restaurant Industry ,
Right to Privacy ,
San Francisco ,
Social Distancing ,
State Constitutions ,
State Health Departments ,
State of Emergency ,
Students ,
Takings Clause ,
Teachers ,
Tenants ,
Tennessee ,
Texas ,
Tourism ,
Wage and Hour ,
Workplace Decontamination
This 12th edition of Unprecedented, our weekly update on COVID-19-related litigation brings new developments in labor and employment cases, consumer protection cases, and civil rights litigation. Price gouging and fraud for...more
6/22/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Event Cancellation ,
Fraud ,
Loan Applications ,
Masks ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Price Gouging ,
Public Health ,
Refunds ,
Vendors
This tenth edition of Unprecedented, our weekly update on COVID-19-related litigation, finds us reporting fewer shutdown-related cases than in previous weeks, suggesting that these cases are winding down as the country opens...more
6/8/2020
/ Business Closures ,
Commercial Leases ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Health and Safety ,
Infectious Diseases ,
Insurance Litigation ,
Masks ,
Multidistrict Litigation ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Prisoners ,
Rent ,
School Closures ,
State and Local Government