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Liability Immunity

Maison Law

Does California Government Code § 844.6 Prevent Inmates from Filing Claims?

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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

Morrison & Foerster LLP - Social Media

Social Links: April 2024

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 In early March 2024, Republican Governor Spencer Cox effectively repealed and replaced the previously enacted...more

Marshall Dennehey

Including Settled Defendants on a Verdict Sheet: A Reminder that No Assumptions Are Allowed

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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

Morrison & Foerster LLP - Social Media

Part 2(A) – Section 230: 27 Years Old And Still In The Spotlight

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

Patton Sullivan Brodehl LLP

Quasi-Judicial Immunity for Court-Appointed Partition Brokers

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

Ballard Spahr LLP

Fourth Circuit Rules Communications Decency Act Did Not Protect Data Aggregator From FCRA Liability

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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

Felicello Law PC

Low Risk, High Rewards: Legal Protections for Non-profit Boards

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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

Husch Blackwell LLP

PREP Act Offers Immunity To Product Manufacturers And Premises Owners From COVID-19 Liability

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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

Littler

Texas Enacts New COVID-19 Liability Protection Law

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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

Maynard Nexsen

At Long Last: South Carolina Passes COVID-19 Liability Immunity

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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

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

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

South Carolina Expected to Implement Liability Shield Law to Protect Businesses From Certain COVID-19–Related Claims

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

Jackson Lewis P.C.

Georgia Passes Bill To Extend COVID-19 Legal Immunity Protection A Year; Governor Considering

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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

Wiley Rein LLP

Three Ways the SAFE TECH Act Would Amend Section 230

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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

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

Troutman Pepper

More states consider COVID-19 immunity laws as employment lawsuit filings trend upward

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Q: Are employers immune from liability for issues related to COVID-19? ...more

Jackson Lewis P.C.

PREP Act And COVID-19 Vaccinations: Health And Human Services Department Clears Way To Assist

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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

Lowndes

Updated: Florida Legislature Advancing COVID-19 Liability Shield Bills

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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

Steptoe & Johnson PLLC

The COVID-19 Jobs Protection Act: Liability Immunity for Health Care Facilities on the Horizon in West Virginia

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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

Sheppard Mullin Richter & Hampton LLP

Authorized Government Contractors Now Covered Persons Under the PREP Act

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

Husch Blackwell LLP

Missouri Senate Advances COVID-19 Liability Protection Bill - UPDATED February 2021

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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

Husch Blackwell LLP

50-State Update On COVID-19 Business Liability Protections

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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

Akerman LLP - Health Law Rx

The Sun is Rising on COVID Liability Protection for Florida Healthcare Providers

Good news is here for healthcare providers worried about being left out of COVID-19-related liability protections during the 2021 Florida Legislative Session! The Republican-led Legislature, supported by Governor Ron...more

Robinson+Cole Health Law Diagnosis

COVID-19 Vaccine Update: HHS Expands Pool of Eligible Vaccinators under PREP Act

On January 28, 2021, the Department of Health and Human Services (HHS) issued a Fifth Amendment to HHS’s Declaration under the Public Health Readiness and Emergency Preparedness Act (PREP Act) that provides liability immunity...more

Holland & Knight LLP

The PREP Act and Vaccines Immunize, But Equally Well?

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The executive and judicial branches do not see eye-to-eye on the scope of PREP Act immunity. The U.S. Department of Health and Human Services (HHS), under the current administration, has taken umbrage at how lower courts have...more

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