Welcome to the 14th issue of the 2021 edition of Unprecedented. Predictions of an end to the COVID-19 pandemic from even a few months ago have been called into question by the highly contagious Delta variant, with some communities responding by requiring face coverings for all residents—even the vaccinated. Litigation over COVID-19-related issues likewise has not come to an end. So join us this week as we review the latest trends in COVID-19 litigation.

States Braced for a Wave of COVID Lawsuits. It Never Arrived.

"But critics say the actions have created a solution in search of a problem, because most employees who sue do so under existing workplace safety regulations, such as those enforced by the federal Occupational Safety and Health Administration, or under union rules."

Why this is important: Late last year and into this year, many states instituted liability protections for businesses from COVID-19 related lawsuits. So far, that litigation has not materialized. The liability protection laws provide immunity to businesses that made good faith efforts to comply with COVID-19 regulations. Many believe that COVID-19 liability cases are hard to prove in that an individual with COVID-19 will have a hard time proving the cause of the virus. Another reason is existing laws of workers' compensation that allow compensation without fault. Some predict that despite the liability limitations, lawsuits may gain momentum, and plaintiffs may challenge the liability limitations.