News & Analysis as of

Good Faith Immunity

Procopio, Cory, Hargreaves & Savitch LLP

Welcome Clarity for Medical Staffs and Healthcare Entities Facing Frivolous or Retaliatory Lawsuits

The California Third District Court of Appeal recently upheld the actions of a healthcare facility reporting a provider to the National Practitioner Data Bank who resigned while under investigation. In doing so, the court...more

Haynsworth Sinkler Boyd, P.A.

South Carolina Enacts COVID-19 Liability Safe Harbor Act

On Wednesday, April 28, 2021, Governor McMaster signed into law the COVID-19 Liability Safe Harbor Act. South Carolina became the 23rd state to pass similar legislation and many others are considering it. We have previously...more

Littler

Florida Legislature Imposes High Standard for Claims Against Businesses Based on Damages from COVID-19

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On March 29, 2021, Governor Ron DeSantis signed into law Florida Statute 768.38, intended to protect businesses, governmental entities, schools and other persons and entities from COVID-19 lawsuits if they made a good-faith...more

Husch Blackwell LLP

50-State Update On COVID-19 Business Liability Protections - UPDATED March 2021

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A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business was in...more

Snell & Wilmer

The Arizona Supreme Court Joins Other States in Ruling that HIPAA Can Be Used to Establish the Standard of Care in a Negligent...

Snell & Wilmer on

On March 8, 2021, the Arizona Supreme Court held in Shepherd v. Costco1 that the plaintiff, Greg Shepherd, was permitted to bring a negligence claim for wrongful disclosure of medical information and that the Health Insurance...more

Husch Blackwell LLP

50-State Update On COVID-19 Business Liability Protections

Husch Blackwell LLP on

A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business was in...more

Foley & Lardner LLP

Look to the States for Employer Immunity From COVID-19 Lawsuits

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In July 2020, the SAFE TO WORK Act (S. 4317) was introduced in Congress with the express purpose “to discourage insubstantial lawsuits related to COVID-19 while preserving the ability of individuals and businesses that have...more

Holland & Hart LLP

Idaho COVID-Related Civil Liability Immunity – Special Session Legislation

Holland & Hart LLP on

When Gov. Little called the Legislature into Special Session on August 24th, he did so with a proclamation that attached draft legislation establishing immunity from liability when a person or company makes “good faith...more

ArentFox Schiff

White House, Through NTIA Petition Filed With FCC, Seeks to Curb Social Media Provider Immunity

ArentFox Schiff on

In response to President Trump’s May 28, 2020 Executive Order on Preventing Online Censorship, the National Telecommunications and Information Administration (NTIA) filed a Petition for Rulemaking at the Federal...more

Bradley Arant Boult Cummings LLP

Mississippi Legislates Herd Immunity from COVID-19 Exposure Claims

The Mississippi Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act was signed into law on July 8, 2020. The Act provides sweeping immunity for businesses, health care providers,...more

ArentFox Schiff

What Trump’s Executive Order Could Do to Social Media Provider Immunity

ArentFox Schiff on

Section 230(c) of the Communications Decency Act, which has been around for more than 20 years, gives online platform providers and others protection from claims that information posted on their sites by third parties...more

Robinson+Cole Health Law Diagnosis

New Massachusetts Law Provides Liability Protections for Health Care Professionals, Health Care Facilities and Volunteer...

On April 17, 2020, Massachusetts bill S. 2640 was signed into law by Governor Charlie Baker.  The law provides certain liability protections for the acts or omissions of defined health care professionals, health care...more

Bradley Arant Boult Cummings LLP

Alabama’s Act Aimed at Prohibiting Financial Abuse of Elders – Should It Be Expanded to Cover Insurers and Insurance Agents?

Alabama’s Elder Abuse Act attempts to protect financial abuse of elders. But by not including insurance companies and insurance agents, does the Act go far enough?...more

Clark Hill PLC

Michigan Supreme Court Broadens Schools' Immunity for 1230b Reports of Unprofessional Conduct

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Under Section 1230b of the School Code (MCL §380.1230b), a school or district that formerly employed a teacher is required upon request by a prospective employer to furnish information about "unprofessional conduct" in which...more

Allen Matkins

How To Get A Request For An Interpretive Opinion Rejected

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Corporations Code Section 25618 authorizes the Commissioner of Business Oversight to honor requests for interpretive opinions. An interpretive opinion offers far more protection than a no-action letter from the SEC staff. ...more

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