NEW YORK — The Second Circuit U.S. Court of Appeals on Sept. 24 granted an emergency motion for a temporary injunction filed by teachers and paraprofessionals employed by the New York City Department of Education (NYC DOE) who argue that an order mandating that all workers receive a COVID-19 vaccine violates their rights under the 14th Amendment to the U.S. Constitution.
ROCKFORD, Ill.— A federal judge in Illinois on Sept. 22 denied a college student’s request for a preliminary injunction against his college’s COVID-19 testing requirement for unvaccinated students, finding that the student failed to show a likelihood of success on the merits of his claim that the testing violates his Fourth Amendment right as the school does not deny access to those who refuse to submit to the testing and instead offers classes online.
RALEIGH, N.C. — A federal judge in North Carolina on Sept. 8 granted an insurer’s motion for judgment on the pleadings and dismissed Golden Corral Corp. and Golden Corral Franchising Systems’ bad faith lawsuit seeking coverage for their financial losses arising from the suspension of their restaurant operations in response to the government orders prompted by the coronavirus pandemic, finding that the insureds have not plausibly alleged tangible, physical harm to their covered property or a tangible loss of their covered property.
KALAMAZOO, Mich. — A Michigan federal judge on Sept. 23 denied a university’s motion to stay pending appeal a preliminary injunction enjoining a university from enforcing its COVID-19 vaccination requirement for student athletes. The judge denied a previous motion to stay the proceedings pending appeal on Sept. 21.
BOSTON — University students’ claims, including state and federal constitutional claims, related to a university’s COVID-19 vaccine mandate were dismissed by a federal judge in Massachusetts on Aug. 27.
CENTRAL ISLIP, N.Y. — Disability rights groups and several individuals whose class complaint challenging ventilator-use guidelines issued in New York years before the coronavirus pandemic but mentioned in an article as the use of ventilators increased in the midst of the pandemic filed a notice of appeal on Sept. 10 in a federal court in New York nearly one month after their putative class complaint was dismissed.
KANSAS CITY, Mo. — In an opinion filed Sept. 16, a federal judge in Missouri granted an insurer’s motion to dismiss a consolidated class action complaint seeking coverage for passes for ski resorts that were prematurely closed due to the coronavirus pandemic, finding that the plaintiffs failed to state a claim for breach of contract.
LANSING, Mich. — A federal judge in Michigan on Sept. 2 dismissed the claims of five bowling establishments against the state of Michigan alleging that pandemic closure orders were a violation of the Fifth Amendment takings clause because the claims were barred by immunity under the 11th Amendment.
AUSTIN, Texas — Texas Attorney General Ken Paxton on Sept. 17 answered a request for opinion from a county attorney as to whether the enforcement of a mask mandate to prevent the transmission of COVID-19 prohibited by an executive order issued by Texas Gov. Greg Abbott could be a violation of the Texas Penal Code, concluding that a court could find under certain facts that a government official intentionally enforcing a mask mandate was in violation.
ALLENTOWN, Pa. — An employee who claims that she was fired after testing positive for COVID-19 and seeking leave under the Families First Coronavirus Response Act (FFCRA) may proceed with her federal and state claims, a federal judge in Pennsylvania ruled Sept. 16, denying the employer’s motion to dismiss claims brought under the Americans with Disabilities Act Amendments Act (ADAAA) and Pennsylvania Human Relations Act (PHRA) as the employee sufficiently alleged that she was regarded as having a disability and the employer failed to show that COVID-19 was “transitory and minor.”
FORT LAUDERDALE, Fla. — A federal judge in Florida on Sept. 16 dismissed without prejudice for failure to file a complaint an action by United Airlines Inc. pilots who argued that their medical experts have opined that the COVID-19 vaccines, mandated by United, “pose particularized, life-threatening dangers to pilots and those in the airline industry.”
PHILADELPHIA — A county-owned nursing home on Sept. 1 indicated its intent to appeal to the District of Columbia Circuit U.S. Court of Appeals a federal judge in Pennsylvania’s Aug. 5 order denying dismissal of a wrongful death suit filed against it by the family of a resident who died from COVID-19, saying that is the proper jurisdiction for an appeal arising under the Public Readiness and Emergency Preparedness (PREP) Act; the judge in his order found that the act did not apply to the case.
KALAMAZOO, Mich. — A Michigan federal judge on Sept. 13 granted a preliminary injunction sought by a number of university student athletes enjoining a university from enforcing its COVID-19 vaccination requirement during litigation initiated by the student athletes challenging the university’s vaccination policies as being in violation of the First Amendment, U.S. Const. amend. I. The order supplants an Aug. 31 temporary restraining order.
DENVER — A federal judge in Colorado on Sept. 1 denied a motion for emergency temporary restraining order (TRO) filed by U.S. servicemembers who argue that those individuals who have already been infected with COVID-19 shouldn’t be subject to the U.S. Department of Defense’s COVID-19 vaccine mandate.
SHERMAN, Texas — A Texas school district that is ignoring guidelines for school issued by the U.S. Centers for Disease Control and Prevention in response to the coronavirus pandemic and is instead following the state governor’s executive order barring mask mandates is putting the lives of students too young to be vaccinated at risk and is violating the U.S. Constitution, two students allege through their parents in their class complaint filed Sept. 8 in a federal court in Texas.
DENVER — A consolidated class complaint accusing Frontier Airlines Inc. of failing to provide refunds to customers who requested them after the coronavirus pandemic hit for flights canceled by the airlines and tickets canceled by customers was dismissed Sept. 13 by a federal judge in Colorado who found that the passengers failed to show any breach of contract by the airline.
PHILADELPHIA — A federal judge in Pennsylvania said on Sept. 13 that although he “is sympathetic” to the insured and other similarly situated property owners who were affected by the coronavirus pandemic, the insured failed to demonstrate that it was entitled to coverage for its COVID-19 related losses.
NEW YORK — A federal judge in New York on Sept. 14 granted an extension for settlement discussions in a putative class complaint accusing Columbia University of owing students partial refunds when in-person learning was halted due to the coronavirus pandemic after the parties notified the court that lead counsel for the students contracted COVID-19 and was unable to work for much of August.
NEW YORK — A federal judge in New York on Sept. 13 granted an insurer’s motion to dismiss an installation company insured’s declaratory judgment lawsuit seeking Business Income, Extra Expense and the Civil Authority coverage for its losses arising from the coronavirus pandemic, finding that the insured’s “loss of use” of its property alone does not qualify as a direct physical loss to trigger coverage.
HARRISBURG, Pa. — An employment staffing company accused of failing to safeguard private health information (PHI) contained in Pennsylvania Department of Health (DOH) COVID-19 contract tracing lists and then timely notify those affected after a data breach moved Sept. 10 for dismissal of a putative class complaint by one of the woman allegedly on the lists for failure to allege an injury-in-fact and state a claim upon which relief may be granted.