This 35th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us discussing yet more shutdown challenges, nursing home wrongful-death cases, landlord-tenant disputes, and tuition-refund claims....more
Many are asking how long states of emergency can continue to be renewed, and whether such extended renewals are permissible or valid. Given the lack of comparable precedent, there is some uncertainty around the issue....more
Tensions between safety, public health, and economic considerations broke into open view again yesterday, as the Wisconsin Supreme Court struck down an Emergency Order issued by the Secretary of the Wisconsin Department of...more
In April 2020, Massachusetts enacted emergency legislation that eases certain corporate governance requirements for the duration of the Commonwealth’s state of emergency, declared by the Governor on March 10, 2020, and for 60...more
A few weeks back, as remote working and social distancing were becoming the order of the day (and interesting phrase, given what quickly became the norm in many US states and cities, as executive orders abounded), my son...more
In an emergency order issued earlier yesterday, the Texas Supreme Court extended all service and filing deadlines in civil cases from March 13 until June 1. This is the eighth emergency order that the Court has issued in...more
In Emergency Order 20-EO-03, entered March 23, 2020, Insurance Commissioner Dodrill ordered that normal time standards for claims handling applicable to workers' compensation insurers and other regulated entities as set forth...more
Friday, March 27th, the South Carolina Attorney General issued an opinion expressing the view that the Governor’s emergency powers pre-empt emergency orders issued by local governments during a pandemic emergency. The opinion...more
In further response to the COVID-19 pandemic, the Supreme Court of Appeals of West Virginia entered an order late Sunday night that declares a statewide judicial emergency applying to all lower courts in all 55 counties. As a...more
On March 9, 2020, Governor Ron DeSantis issued Executive Order 20-52, which declared a state of emergency due to the coronavirus outbreak. The order allows for the tolling of certain permits and in some instances up to an...more
With the emergency declaration under the National Emergencies Act related to the coronavirus (COVID-19) on March 13, 2020, President Trump paved the way for CMS to temporarily waive certain Medicare, Medicaid, and Children's...more
The Arkansas Department of Environmental Quality (“ADEQ”) Director issued on May 31st a document titled: Emergency Order Of The Director (“Order”) See In the Matter of Historic Flooding of the Arkansas River in 2019...more
An extended opportunity to obtain substantial permit and development order extensions is available as a result of Emergency Orders issued by Florida Gov. Rick Scott because of the Zika virus. To date, holders of certain...more