News & Analysis as of

Appellate Courts Coronavirus/COVID-19

Fox Rothschild LLP

NJ Appellate Division Defines Contours of Sales Commissions Under Wage Laws

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The New Jersey Appellate Division recently provided helpful guidance on the contours of sales commissions and, as defined under the Wage Payment Law (WPL), “supplementary incentives.” In a published decision issued June 24,...more

Rivkin Radler LLP

COVID Biz Interruption Coverage Denied by NY Court of Appeals

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On February 15, 2024, the New York Court of Appeals unanimously upheld the Appellate Division, First Department decision affirming dismissal of restaurant operator Consolidated Restaurant Operations, Inc.’s (CRO) complaint...more

Rivkin Radler LLP

NY Court of Appeals Hears Oral Argument on COVID-19 Business Interruption Case

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On January 10, the New York Court of Appeals heard oral arguments on a COVID-19 coverage appeal by a restaurant operator, Consolidated Restaurant Operations, Inc. (CRO), which posed issues of first impression. Courts...more

Fox Rothschild LLP

Court of Appeals Has New Chief Judge

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The North Carolina Court of Appeals has a new chief judge. Effective January 1, 2024, Chief Justice Newby has appointed Senior Associate Judge Chris Dillon as the new chief of the North Carolina Court of Appeals....more

Rosenberg Martin Greenberg LLP

Maryland Appellate Court Addresses Obligation of Tenant Shut Down By COVID Order To Pay Rent

Nearly four years after the depths of the COVID-19 pandemic, issues concerning the legal consequences of executive and legislative orders shutting down business operations are still working their way through appellate courts...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Weighs in for the First Time Since COVID-19 as to When Remote Work Can Be Reasonable Accommodation

Fifth Circuit precedent recognizes the “general consensus among courts” that regular, in-person work is an essential function of most jobs. Yet the continued viability of this premise has been in question, given the ability...more

Fox Rothschild LLP

COVID-19 Is Not Necessarily a Disability Under the New Jersey Law Against Discrimination

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The New Jersey Superior Court, Appellate Division has issued a published decision holding that, under the facts of the particular case, COVID-19 alone is not a disability under the New Jersey Law Against Discrimination...more

Rivkin Radler LLP

Second Circuit Affirms Dismissal of Therapist’s Free Speech Claim

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In the case Brokamp v. James, the U.S. Court of Appeals for the Second Circuit on April 27 affirmed the dismissal of Elizabeth Brokamp’s suit against New York officials. The Virginia-licensed mental health counselor’s suit...more

Cozen O'Connor

Louisiana Supreme Court Reverses a Rare State Court of Appeals Win for COVID-19 Business Interruption Claimant

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COVID-19 business interruption claimants have had few state appellate court decisions upon which to rely. Louisiana produced one such decision in Cajun Conti, LLC v. Certain Underwriters at Lloyd’s, 2022 La. App. LEXIS 939...more

Buchalter

A Coda to the Covid Pandemic: Do Local and State Closure Laws Provide Cover for Tenant Nonpayment of Rent?

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In what may turn out to be a lesson on the limits of the application of equitable doctrines supporting rent relief in the face of good lease drafting, a California court of appeal panel in San Diego has taken a narrow view on...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Upholds Block of Federal Contractor COVID-19 Vaccine Mandate

On January 12, 2023, the U.S. Court of Appeals for the Sixth Circuit upheld most of a district court’s injunction blocking the federal contractor vaccine mandate in Kentucky, Ohio, and Tennessee. In its decision, the...more

Jackson Lewis P.C.

Class Actions for Tuition Refunds Based on COVID-19 Pandemic Closure? Ohio Appeals Court Weighs In

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College life was just one of the many things affected by the COVID-19 pandemic. Schools around the country were forced to close academic buildings, residence halls, and other campus facilities and to pivot to online...more

Fox Rothschild LLP

School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)

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The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come. But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeal opinion combines appellate...more

White and Williams LLP

New Jersey Appellate Court Requires Affidavit of Merit in COVID-19 Litigation Against an Assisted Living Facility

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An affidavit of merit is required to prosecute a professional negligence claim against an assisted living facility in New Jersey. The recent appellate decision of Priolo v. Shorrock Garden Care Ctr., No. A-3032-20, 2022 N.J....more

Jackson Lewis P.C.

Biden Administration Clarifies That Government Will Not Enforce Federal Contractor COVID-19 Vaccine Mandate

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In a statement on its website, the Safer Federal Workforce Task Force has indicated that, until further notice, the government will not enforce any part (not just the COVID-19 vaccine mandate portion) of Executive Order 14042...more

Fisher Phillips

Workers Aim to Outmaneuver OSHA and Seek Court Relief for Workplace Safety Claims: What it Could Mean for Your Business

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A three-judge panel of the Third Circuit Court of Appeal recently heard oral arguments on the issue of when federal courts may intervene in workplace safety disputes between employers and their employees, as OSHA squared off...more

Saul Ewing LLP

Dismissals of COVID-19 Business Interruption Claims Upheld by Appellate Courts

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Property insurers faced with COVID-19 related claims for business income losses can take comfort in the recent trend of most appellate courts to find in favor of insurers that have denied coverage based on policy language...more

Wiley Rein LLP

Third Circuit Holds No Showing of Prejudice Required Under Delaware Law to Enforce Late Notice Provision in Claims-Made Policy

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The United States Court of Appeals for the Third Circuit, applying Delaware law, has held that an insurer was not obligated to provide coverage where the insured had provided notice of its claim after the end of the relevant...more

DirectEmployers Association

OFCCP Week In Review: September 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Wiley Rein LLP

Court Partially Lifts Nationwide Injunction of EO 14042 Contractor Vaccination Requirements. Now What?

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WHAT: The U.S. Court of Appeals for the Eleventh Circuit affirmed, but narrowed, a nationwide injunction issued in December 2021 against the enforcement of COVID-19 vaccination requirements for federal contractors’ employees...more

Rivkin Radler LLP

Insurance Update - May 18 2022

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You’ll find some notable decisions in our May Insurance Update. Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend...more

Amundsen Davis LLC

California Court Opens the Litigation Floodgate Re: COVID-19 Exposure in the Workplace

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In See’s Candies v. Ek, a California Appellate Court ruled that the plaintiff’s claims against her employer for negligence were not preempted by the exclusivity provisions of the California Workers’ Compensation Act; thus,...more

Esquire Deposition Solutions, LLC

North Carolina Appellate Court Says Civil Litigants Have Constitutional Right to the Physical Presence of Counsel During...

A North Carolina hospital defending a medical malpractice action was denied constitutional due process when the trial court, citing pandemic-related health concerns, forbade its attorneys from being physically present with...more

Cozen O'Connor

NY Appellate Court: Covid-19 Business Losses Don’t Constitute “Physical” Damage to Property, Don’t Trigger Commercial Property...

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Covid-19 may cause businesses to be unable to use their property, but loss of use doesn’t constitute the “direct physical loss or damage” necessary to trigger commercial property insurance coverage, according to a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Appellate Court Stays Mask Mandate Injunction

On January 25, 2022, the New York Appellate Division, Second Department granted a stay of a Nassau County trial court’s injunction of the enforcement of the state’s mask mandate, which went into effect on December 13, 2021....more

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