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
The United States Court of Appeals for the Fifth Circuit recently affirmed a pivotal decision allowing sex-trafficking victims to proceed with their lawsuit against Salesforce, Inc., despite Salesforce’s attempt to invoke...more
The Appellate Court’s recent decision in Robinson v. V.D. has a little something for any practitioner who deals with questions of constitutional law or civil procedure. Among other things, the decision held that statements...more
As proliferation of harmful content online has increasingly become easier and more accessible through social media, review websites and other online public forums, businesses and politicians have pushed to reform and limit...more
In a recent landmark decision, the U.S. Court of Appeals for the Third Circuit ruled that TikTok could be held liable in a wrongful death suit stemming from the “Blackout Challenge” — a disturbing trend promoted through the...more
The immunity of government bodies and officials from lawsuits and claims has been a long-standing part of the law. Under the principle, federal, state, and local governments generally cannot be held liable for negligent or...more
As we reported in 2023, Utah was the first state in the nation to enact laws limiting minors’ use of social media. In early March 2024, Republican Governor Spencer Cox effectively repealed and replaced the previously enacted...more
Key Points: Pennsylvania’s Fair Share Act permits the inclusion of a defendant or other non-party who has entered into a release with a plaintiff to be included on the verdict sheet and, thus, subject to apportionment of...more
In this second installment of our six-part series examining Section 230, the section of the 1996 Communications Decency Act (CDA) that immunizes online service providers from liability stemming from the publication and...more
In California, several classes of persons are entitled to some form of immunity protecting them from liability for activities performed in connection with judicial proceedings. For example, “judicial immunity” bars civil...more
The Fourth Circuit Court of Appeals in Henderson v. Source For Pub. Data, L.P., No. 21-1678, 2022 U.S. App. LEXIS 30534 (4th Cir. Nov. 3, 2022) found that the protections of Section 230 of the Communications Decency Act did...more
According to the National Council of Nonprofits, there more than 1.4 million 501(c)(3) charitable nonprofits in the United States alone. This nonprofit sector is a vital part of our national and local infrastructure,...more
The Public Readiness and Emergency Preparedness Act (PREP Act) may provide immunity to product manufacturers and premises owners who face liability from their administration or use of antivirals, drugs, biologics,...more
On June 14, 2021, Texas Governor Greg Abbott signed the Pandemic Liability Protection Act into law. The law became effective upon his signing. This new law provides COVID-19 liability protections for health care providers,...more
On April 28, 2021, Gov. Henry McMaster signed South Carolina’s COVID-19 Liability Immunity Act into law. The state’s employers will now have a defense that they are immune from liability if an employee claims s/he contracted...more
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
The “South Carolina COVID-19 Liability Immunity Act” (Senate Bill 147) is expected to reach Governor Henry McMaster’s desk early this week for his signature. Senate sponsors initially introduced the act on December 9, 2020,...more
Following up on Georgia’s “COVID-19 Pandemic Business Safety Act,” passed and signed into law in 2020, the Georgia legislature has passed a one-year extension to the liability protection, to July 14, 2022. The bill has been...more
While we are still in the infancy of the Biden Administration, it is clear that bipartisan desire to amend Section 230 of the Communications Decency Act (“Section 230”) remains active. On February 8, 2021, Sen. Mark Warner...more
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
Q: Are employers immune from liability for issues related to COVID-19? ...more
Individuals and organizations that want to play a role in administering countermeasures to combat a disease or combat a public health emergency, such as COVID-19, worry about the potential legal exposure. The choice to...more
Updated March 9, 2021 - On March 5, 2021, Florida’s House passed HB 7 which if ratified by the Senate and signed by the Governor will make proving a personal injury case arising from COVID liability in Florida all but...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
The Secretary of the U.S. Department of Health and Human Services recently added government contractors to the list of entities eligible for immunity from liability under the Secretary’s March 17, 2020, Public Readiness and...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