Texas Supreme Court Draws Line on Attorney Immunity Privilege
What Health Care Providers and Facilities Should Know About the PREP Act's "Covered Countermeasures"
What No Statutory COVID Immunity Means for Businesses
Blakes Continuity Podcast: Life Sciences: Liability and Immunity During COVID-19
More Emerging Litigation Claims and Demands from COVID-19
On behalf of the Georgia Hospital Association (“GHA”), AGG Healthcare partner and Post-Acute & Long-Term Care industry team co-chair, Jason Bring, submitted an amicus (friend of the court) brief to the Supreme Court of...more
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
In a case of first impression, the United States District Court for the Southern District of California granted the motion of Defendant Neighborhood Healthcare seeking order compelling the United States to defend a putative...more
Georgia’s COVID-19 immunity protections for nursing facilities, providers, and businesses will sunset on July 14, 2022, so does this mean dark litigation days lie ahead? At the height of the COVID outbreak in the spring...more
South Carolina Governor Henry McMaster has signed the “South Carolina COVID-19 Liability Immunity Act” into law, providing legal immunity to certain businesses that reasonably adhere to public health guidance in effect at the...more
On April 6, Governor Cuomo signed into law Chapter 96 of the Laws of 2021, which completely repeals the health care facility and provider COVID-19 immunity from liability provisions adopted in April 2020 as part of the...more
On February 19, 2021, the West Virginia Senate passed SB 277, the “COVID-19 Jobs Protection Act.” The purpose of the Act is stated to “eliminate the liability of the citizens of West Virginia and all persons including...more
Update: After three weeks of lobbying and negotiation, on February 23, 202, the Missouri Senate took a final vote on Senate Bill 51, the COVID-19 Liability Protection Bill. The Bill was adopted by the Senate by a vote of...more
Whether Georgia’s legislation to limit liability for healthcare providers and their employees against COVID19-related claims is appropriate is one of the most hotly contested legal disputes in the healthcare field today. How...more
Earlier this month, New York Governor Andrew Cuomo signed into law a bill to limit the scope of immunity for healthcare facilities (including nursing homes and hospitals) and healthcare professionals for future non-COVID-19...more
As of July 30, 2020, at least 62,000 residents and employees of nursing homes and long-term care facilities have died in the United States as a result of the COVID-19 pandemic and over 300,000 more have been infected with the...more
Seyfarth Synopsis: On August 3, 2020, Governor Andrew Cuomo signed a new law that rolled back protections for nursing homes and hospitals in New York in connection with COVID-19 liabilities...more
We are pleased to provide you with our 50-State Survey of Liability Protections for Senior Living and Long-Term Care Facilities. Several states across the country have recently taken executive and/or legislative action...more
When the scope of the COVID-19 pandemic became apparent, legal commentators, physician organizations and healthcare policymakers sounded the alarm over the potential civil and criminal liabilities that might be faced by...more
On July 27, 2020, Senate Republicans introduced the HEALS Act, its response to the Democrat-backed stimulus bill, the HEROES Act. Although the HEALS Act is currently on life support in light of the stalemate in negotiations...more
On August 3, New York Gov. Andrew Cuomo signed legislation (New York S.B. 8335, enacted Aug. 3, 2020) that scaled back the immunity provisions enacted toward the beginning of the COVID-19 emergency for health care providers....more
Gov. Brian Kemp signed the Georgia COVID-19 Pandemic Business Safety Act on August 5, 2020, limiting Georgia businesses’ liability for certain claims related to COVID-19. However, the act requires Georgia businesses to take...more
- As the COVID-19 pandemic continues, the clamor for liability protections for the nation’s health care providers continues. - Although there are serious political divisions, the COVID Phase 4 relief legislation may...more
The rapid spread of the COVID-19 global pandemic across New York in March brought about a dizzying set of changes, especially involving the state’s network of hospitals, nursing homes and other health care facilities. ...more
On July 8, 2020, Mississippi Governor Tate Reeves signed into law Senate Bill No. 3049, the “Mississippi Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act,” legislation designed...more
The Georgia COVID-19 Pandemic Business Safety Act (the “Bill”), which Governor Kemp is expected to sign the Bill into law, would provide civil immunity from certain liability claims related to COVID-19. The Bill follows...more
In the waning hours of the General Assembly’s legislative session on June 26, 2020, the Georgia State Senate agreed to the Georgia House of Representative’s proposal to provide substantial liability limitation to businesses...more
We previously wrote about limited, civil immunity created by North Carolina’s May 4, 2020 COVID-19 Recovery Act (Session Law 2020-3) for three types of businesses: (1) health care facilities and providers, (2) essential...more
We previously wrote about limited products liability immunity for certain companies under the federal PREP Act. Although a number of states have recently enacted legislation or issued executive orders providing limited...more
In light of the ongoing COVID-19 public health crisis, the Secretary of the U.S. Department of Health and Human Services (HHS) signed a declaration providing immunity from suits involving the production and administration of...more