Mealey's Coronavirus

  • September 27, 2021

    2nd Circuit Temporarily Halts Vaccine Requirement For NYC Teachers

    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.

  • September 27, 2021

    Preliminary Injunction Denied In Student’s 4th Amendment COVID-19 Testing Suit

    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.

  • September 27, 2021

    Federal Judge Dismisses Golden Corral Franchisor’s Coronavirus Coverage Dispute

    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.

  • September 27, 2021

    Federal Judge Denies Stay Of Student Athlete Vaccine Mandate Block Pending Appeal

    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.

  • September 22, 2021

    Federal Judge Dismisses University Students’ Challenge To COVID Vaccine Mandate

    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.

  • September 20, 2021

    Groups, Individuals Suing Over New York Ventilator Use Guidelines Appeal Dismissal

    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.

  • September 20, 2021

    Federal Judge Dismisses Consolidated Class Ski Pass Action Arising From COVID-19

    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.

  • September 20, 2021

    Court: Michigan Is Immune From Bowling Alleys’ Takings Claim For Pandemic Closure

    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.

  • September 20, 2021

    Texas Attorney General: Enforcement Of Mask Mandate Could Violate State Penal Code

    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.

  • September 17, 2021

    Claims Survive Dismissal In Employee’s Suit Alleging Firing After COVID-19 Test

    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.”

  • September 17, 2021

    United Pilots’ Challenge Of Vaccine Mandate Tossed For No Complaint

    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.”

  • September 16, 2021

    Pennsylvania Nursing Home Appeals Denial Of Motion To Dismiss COVID Death Suit

    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.

  • September 16, 2021

    University Blocked From Enforcing Vaccination Mandate For Student Athletes

    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.

  • September 16, 2021

    TRO Denied In Servicemembers’ COVID-19 Vaccine Mandate Class Suit

    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.

  • September 16, 2021

    Texas Students Sue District Over Failure To Follow CDC Guidelines

    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.

  • September 15, 2021

    Breach Of Contract Suit Over Pandemic Flight Cancellations Dismissed

    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.

  • September 15, 2021

    Federal Judge Dismisses Multistate Real Property Owner’s Coronavirus Coverage Suit

    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.

  • September 15, 2021

    Extension For Settlement Talks Granted In University Closure Suit After COVID Case

    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.

  • September 14, 2021

    Federal Judge Dismisses N.Y. Installation Company’s Coronavirus Coverage Dispute

    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.

  • September 14, 2021

    Staffing Company Seeks Dismissal Of COVID-19 Contact Tracing Data Breach Suit

    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.