Welcome to this ninth issue of the 2021 edition of Unprecedented. A New York Times article from this morning reports that experts now believe that reaching herd immunity in the United States is unlikely. This is due in part to mutations in the virus and in part to vaccine hesitancy by a significant portion of the population. The consequence may be a future in which we are managing the virus through early inoculations and isolation, with the result being to reduce the virus’s severity rather than eliminate it outright. If these predictions are true, they could have broad implications for society, but also for litigation. It could mean that some of the cases we discuss in these issues are not relegated to history as one-time anomalies, but rather become part of the framework for an enduring jurisprudence. So join us as we discuss new developments in COVID-19 litigation ranging from entitlement to leave under the Families First Coronavirus Response Act to the effect of “risky behavior” on family visitation rights.
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