Mealey's Coronavirus

  • May 26, 2023

    Library: Trial Court Properly Found No ADA Violations In Masking Policy Challenge

    SAN FRANCISCO — In a library patron’s appeal of a Washington federal judge’s dismissal of a city and its police officers and grant of summary judgment to a library district in the patron’s claim of Americans with Disabilities Act (ADA) and other civil rights violations stemming from the patron’s refusal to wear a mask in a library and the response of the police and library staff, the library district filed its answering brief, arguing that the district court correctly ruled that the patron failed to establish all the necessary elements of a successful ADA claim.

  • May 26, 2023

    Injunctions Dissolved, Dismissal Granted In 2 Military Members’ Vaccine Cases

    TAMPA, Fla. — A federal judge in Florida filed an order dissolving three preliminary injunctions issued in two complaints by military members challenging a COVID-19 vaccine mandate, decertifying a class of marines in one of the cases and dismissing as moot both of the actions in accordance with an April indicative ruling.

  • May 24, 2023

    Parties Stipulate To Dismissal Of Suit Over COVID-Era New York City Severance Law

    NEW YORK — After the parties fully briefed an interlocutory appeal regarding a New York City law enacted during the COVID-19 pandemic, the Second Circuit U.S. Court of Appeals on May 23 enacted a stipulation withdrawing the appeal and the parties stipulated in New York federal court to voluntary dismissal of the case with prejudice.

  • May 22, 2023

    Panel Affirms Dismissal Of Consolidated Class Actions Seeking Coronavirus Coverage

    SEATTLE — In three rulings, the Ninth Circuit U.S. Court of Appeals on May 19 affirmed a Washington federal judge’s ruling that granted insurers’ motion to dismiss consolidated class actions brought by western Washington businesses seeking coverage for lost income stemming from the coronavirus pandemic, agreeing that COVID-19 does not cause the physical loss or damage to the insureds’ property that is required to trigger coverage.

  • May 22, 2023

    Settlement Reached In Suit Alleging Lender Improperly Denied Loan Modification

    CLEVELAND — An Ohio federal judge agreed to dismiss a complaint alleging that a mortgage lender failed to allow a loan modification after borrowers fell delinquent because of circumstances connected to the COVID-19 pandemic after the parties agreed to a confidential settlement.

  • May 22, 2023

    4th Amended Complaint Filed In Wells Fargo COVID-19 Mortgage Forbearance Dispute

    SAN FRANCISCO — A group of homeowners who sued Wells Fargo for allegedly putting their residential mortgages into forbearance without their consent during the COVID-19 pandemic on May 19 filed a fourth amended complaint in response to an order on the lender’s motion to dismiss.

  • May 22, 2023

    NYC Workers’ Vaccine Class Case Renewed Application Denied By SCOTUS

    WASHINGTON, D.C. — A renewed application by a nonprofit and current and former New York City workers for a stay of a COVID-19 vaccine mandate was denied May 22 by the U.S. Supreme Court.

  • May 15, 2023

    COMMENTARY: International Arbitration Experts Discuss The Withdrawal Of COVID-19 Restrictions

    [Editor’s Note: Copyright © 2023, LexisNexis. All rights reserved.]

  • May 19, 2023

    Dance Teacher, Husband Appeal Dismissal Of Bias Claims In Pandemic Dispute

    NEWARK, N.J. — A dance teacher and her husband who allege that the teacher was improperly fired after opposing training that she said promoted critical race theory (CRT) and seeking accommodations from vaccine and back-to-work requirements due to the coronavirus pandemic filed a notice of appeal after a federal judge in New Jersey dismissed their claims.

  • May 19, 2023

    2nd Circuit: Shareholders’ COVID-19 Vaccine Misstatements Suit Properly Dismissed

    NEW YORK — AstraZeneca PLC shareholders who accused the company and executives of making material misstatements regarding testing of a COVID-19 vaccine failed to “adequately [plead] falsity or facts fiving rise to a strong inference of scienter,” a Second Circuit U.S. Court of Appeals panel ruled, affirming dismissal of the complaint.

  • May 18, 2023

    Dismissal Motion Tossed For Lack Of Pre-Motion Conference Letter In COVID Test Suit

    NEWARK, N.J. — In a lawsuit brought by a medical testing laboratory seeking reimbursement for COVID-19 testing from a pair of health insurers, a New Jersey federal judge administratively terminated the insurers’ motion to dismiss the laboratory’s amended complaint, citing the insurers’ failure to comply with judge’s procedures requiring a short letter requesting a pre-motion conference before filing a motion to dismiss.

  • May 18, 2023

    Texas’ Voluntary Dismissal Of Federal Contractor Vaccine Mandate Suit Granted

    GALVESTON, Texas — A federal judge in Texas issued an order dismissing a lawsuit by Texas challenging an executive order requiring federal contractors to be vaccinated against COVID-19 four days after the state filed a notice of voluntary dismissal because the executive order was revoked.

  • May 18, 2023

    Judge Compels Arbitration Of Thai Company’s Claims In COVID Gloves Sales Dispute

    LOS ANGELES — A California federal judge granted a Los Angeles-based company’s owner’s motion to compel arbitration in Singapore of claims brought against him by a Thai nitrile gloves manufacturer for failure to pay $4.7 million for gloves the Thai company manufactured and delivered to his company during the COVID-19 pandemic.

  • May 18, 2023

    Wisconsin High Court: Ivermectin Treatment Order Lacked Basis In Law

    MADISON, Wis. — On a 6-1 vote, the Wisconsin Supreme Court has affirmed an intermediate appeals court’s reversal of an injunction that would have forced a hospital to allow a health care power of attorney to have ivermectin administered to a COVID-19 patient or force a hospital to consider credentialing a health care provider who could administer the drug.

  • May 18, 2023

    University Granted Summary Judgment In Pandemic Closure Class Suit

    PORTLAND, Ore. — Students who sued Oregon State University (OSU) for halting in-person classes for the spring 2020 term due to the coronavirus pandemic knew of the mode of instruction before the term began and were offered an extended time to withdraw from classes and receive a refund, a federal judge in Oregon ruled, granting the school’s summary judgment motion in the putative class lawsuit.

  • May 17, 2023

    1st Amendment Suit Against Biden, Facebook, Twitter For Deleted Posts Dismissed

    SAN FRANCISCO — One year after dismissing a social media user’s free speech lawsuit against President Joseph R. Biden, Facebook Inc. and Twitter Inc. over the removal of his posts about COVID-19, a California federal judge denied the plaintiff’s motion to amend his complaint, finding that he failed to establish the necessary government control over the social networks’ actions that would permit the filing of claims under the First Amendment to the U.S. Constitution.

  • May 17, 2023

    University Pandemic Closure Class Suit Remanded Due To CAFA ‘Home State’ Exception

    BROOKLYN, N.Y. — A consolidated class complaint accusing St. John’s University of breach of contract, unjust enrichment and conversion after it switched to online-only learning at the start of the coronavirus pandemic belongs in state court under the Class Action Fairness Act’s (CAFA) “home state” exception, a federal judge in New York ruled, rejecting the school’s argument that the exception can’t be called upon when the students initially chose a federal forum.

  • May 16, 2023

    Split 10th Circuit Affirms Class Cert Denial In University Pandemic Closure Case

    DENVER — A trial court “acted within its discretionary bounds” when it denied class certification in a student’s lawsuit over Brigham Young University’s (BYU) failure to provide any partial refunds of tuition and fees after classes were all switched to online-only during the coronavirus pandemic, a divided 10th Circuit U.S. Court of Appeals panel ruled.

  • May 15, 2023

    Oregon High Court Declines Panel’s Certified Question In COVID-19 Coverage Suit

    SALEM, Ore. — The Oregon Supreme Court declined to accept the Ninth Circuit U.S. Court of Appeals’ certified question asking whether “the actual or potential presence of the COVID-19 virus on an insured's premises constitute ‘direct physical loss or damage to property’ for purposes of coverage under a commercial property insurance policy.”

  • May 15, 2023

    Broadway Owner, Insurers Voluntarily Dismiss Federal Coronavirus Coverage Suit

    NEW YORK — The owner and operator of five Broadway theaters and its insurers filed a stipulation notifying a New York federal court that they are voluntarily dismissing the insured’s breach of contract coverage lawsuit arising from the coronavirus pandemic.