News & Analysis as of

Damages Coronavirus/COVID-19

ArentFox Schiff

Investigations Newsletter: Chicago Laboratory Owner Charged with Defrauding Medicare in $60 Million COVID-19 Test Kit Scheme

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Chicago Laboratory Owner Charged with Defrauding Medicare in $60 Million COVID-19 Test Kit Scheme - The Chicago-based owner of two laboratories, Zoom Labs Inc. and Western Labs Co., has been charged with health care fraud...more

Freeman Law

Texas High Court Holds that Pandemic Legislation is Not a Prohibited “Retroactive Law”

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On April 26, 2024, the Texas Supreme Court in case number 23-0565 answered “No” to the following certified question presented by the 5th Circuit in the case of Luke Hogan, on Behalf of Himself and Other Individuals Similarly...more

Littler

British Columbia, Canada Appeal Court Rejects Employer’s Frustration Defence in Circumstances Connected to COVID-19

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In Aldergrove Duty Free Shop Ltd. v. MacCallum, 2024 BCCA 28, the Court of Appeal for British Columbia (BCCA) dismissed an employer’s appeal when it agreed with the lower court that the employer could not use the frustration...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

Hinshaw & Culbertson - Insights for Insurers

[White Paper] United States Insurance Trends and Decisions 2023

As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more

Freiberger Haber LLP

Second Department Dismisses Action for Specific Performance Because Contractual Conditions Were Not Satisfied

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Many times, remedies for the breach of a contract other than monetary damages are necessary to make a plaintiff whole...more

Snell & Wilmer

The Prevalence and Challenges of Loss of Productivity Claims in Today’s Construction Industry

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Losses of labor productivity issues and claims seem to have taken on more prominence in the last few years due to labor shortages, material shortages, and the quickly changing economics and supply change issues affecting the...more

Proskauer - California Employment Law

In a Surprise Move, California Enacts Boatload of New Pro-Employer Laws – Nah, Just Kidding, It’s Going to be More Burdensome than...

In what has become an annual tradition, California – that fabled workers’ paradise on earth – has enacted a slew of new laws that, come January, may keep even the most hearty HR professionals up at night. As we reported...more

Bradley Arant Boult Cummings LLP

Court Rejects Contractor’s Claim That COVID-19 Rendered Performance Impossible

A fundamental premise of contract law is that promises must be kept. If legally enforceable promises or “contracts” are not kept, courts may step in to enforce them by ordering performance, awarding damages, or granting some...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from June 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Laughlin, Falbo, Levy & Moresi LLP

Kuciemba Update: Supreme Court Answers Long-Awaited Questions on Family Member COVID-19 Claims

In a unanimous opinion, the California Supreme Court answered two questions posed to it by the Ninth Circuit Court of Appeal, finding that an employer is not liable for a COVID-19 injury sustained by an employee’s household...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - June 27th - 28th, Philadelphia, PA

Hosted by the American Conference Institute, the 21st Annual Advanced Forum on Obstetric Malpractice Claims returns in June with curated content that will ensure that you stay current on the evolving standards of care,...more

White & Case LLP

Impact of Global Price Volatility on Damages Calculations in International Arbitration

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The global energy and commodity sectors face unprecedented uncertainty. Increased global demand, coupled with supply chain constraints triggered by Russia's invasion of Ukraine, and China's COVID-19 restrictions and its...more

Kohrman Jackson & Krantz LLP

Ohio Supreme Court Rules Insurance Policy Does Not Cover Ransomware Attack on Software

Ransomware insurance coverage has become increasingly popular in recent years as the threat of ransomware attacks has continued to grow. However, despite the widespread adoption of this type of insurance, there are still...more

Latham & Watkins LLP

Complex Commercial Litigation Law Review - Fifth Edition - England & Wales

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The courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to English civil litigation, which govern every aspect of cases from...more

Adams and Reese LLP

You Can’t Get What You Don’t Ask For

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You Can’t Get What You Don’t Ask For: U.S. Fifth Circuit Declines to Impose “Heightened Duty” on Insurance Agents and Brokers to Procure Coverage Not Specifically Requested by their Customers...more

Cozen O'Connor

Washington Supreme Court: Deprivation of Intended Use Following COVID-19 Order Not Physical Damage

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In a unanimous ruling on Thursday, August 25 (Slip Opinion), the Washington Supreme Court added its voice to the developing “strong, if not unanimous” national consensus that COVID-19 and related government closures do not...more

Harris Beach PLLC

NY Law Permits Claims by Nursing Home Patients’ Representatives and Estates

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On August 18, 2022, Governor Kathy Hochul signed into law a bill amending Section 2801-d of New York’s Public Health Law to expressly provide the legal representative or estate of a nursing home resident the right to bring a...more

Erise IP

Reasonable Royalty 101: A Prudent Approach to the Most Common Patent Litigation Damages

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Coming out of the COVID shutdown era, patent infringement litigation has been hot. To be sure, there have been big headlines during the past couple of years, among them billion-dollar verdicts against Intel and Cisco in...more

J.S. Held

Forensic Accounting in Marine Claims & Cargo Losses

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Since the COVID-19 pandemic began, the logistical challenges, delays, and risks to the global marine supply chain have been well documented on both TV and the internet. While ships continue to sit at ports for extended...more

Houston Harbaugh, P.C.

First State Supreme Court Decision Holds No Business Interruption Coverage for Covid Shutdowns

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On April 21, 2022, the Massachusetts Supreme Judicial Court affirmed the trial court’s decision that several restaurants were not entitled to business interruption coverage for losses resulting from shutdown orders issued by...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

King & Spalding

Buyers Beware - Delaware Chancery Court Orders CorePower to Honor Acquisition of Franchisee Studios

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On March 1, 2022, Vice Chancellor Slights of the Delaware Chancery Court ordered CorePower Yoga (“CorePower”) to close the acquisition of 34 yoga studios from its largest franchisee, Level 4 Yoga (“Level 4”). The parties...more

Sheppard Mullin Richter & Hampton LLP

Insurers Owe No Coverage for COVID-19 Related Business Interruption Losses Under Commercial Property Policies Insuring “Direct...

Mudpie, Inc. v. Travelers Casualty Insurance Company of America, — F.4th —-, 2021 WL 4486509 (9th Cir. Oct. 1, 2021), Case No. 20-16858. In March 2020, California state and local authorities issued orders limiting...more

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