LAS VEGAS — The Clark County, Nev., School District’s mask requirement is unconstitutional, two parents with children in the school district allege in a class complaint filed Aug. 12 in a federal court in Nevada.
WASHINGTON, D.C. — The U.S. Department of Labor’s Occupational Safety and Health Administration issued updated guidance on Aug. 13 for high-risk workplaces such as meat processing facilities, retail and grocery stores and agricultural processing where not all workers have received a COVID-19 vaccination.
WASHINGTON, D.C. —U.S. Supreme Court Justice Amy Coney Barrett on Aug. 12 denied without comment the emergency application for writ of injunction of a group of university students seeking to invalidate Indiana University’s mandate that they be vaccinated for COVID-19 to return to campus.
PITTSBURGH — A majority of the Pennsylvania Superior Court on Aug. 10 partly reversed a lower court’s order coordinating coronavirus coverage lawsuits against Erie Insurance Exchange in the Allegheny County Court of Common Pleas, noting that Pennsylvania Rule of Civil Procedure 213.1 limits coordination to “pending” lawsuits.
ERIE, Pa. — Following the U.S. Judicial Panel on Multidistrict Litigation’s centralization of coronavirus business interruption coverage lawsuits against Erie Insurance Co. in the U.S. District Court for the Western District of Pennsylvania, a federal judge on Aug. 6 issued an order “in an effort to streamline these proceedings while at the same time maintaining and fostering ultimate judicial economy and minimizing the potential unnecessary expenditure of resources by the parties and counsel.”
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals in an Aug. 8 docket entry scheduled oral argument for Oct. 21 in an appeal of a federal judge’s order remanding a COVID-19-related wrongful death and negligence action to California state court after finding that no claims were brought under the Public Readiness and Emergency Preparedness Act (PREP Act), that the removal was not justified by federal officer jurisdiction and that there was no showing of an “imbedded question of federal law.”
MIAMI — A Florida federal judge on Aug. 8 granted a preliminary injunction sought by a group of passenger cruise lines and enjoined the Florida surgeon general from enforcing the state’s prohibition on requiring documentation from customers proving vaccination for COVID-19 pending resolution of the case.
PHILADELPHIA — The Third Circuit U.S. Court of Appeals on Aug. 2 ordered the parties in a lawsuit accusing an auto dealership of laying off a sales manager who requested to work from home after the coronavirus pandemic hit the United States in March 2020 to file responses addressing the appealability of a trial court’s order staying the case and compelling arbitration.
WASHINGTON, D.C. — A group of university students on Aug. 6 submitted to U.S. Supreme Court Justice Amy Coney Barrett an emergency application for writ of injunction seeking to invalidate Indiana University’s mandate that they be vaccinated for COVID-19 to return to campus after being rebuffed in the lower courts.
WASHINGTON, D.C. — A group of landlords and real estate trade associations on Aug. 4 moved a federal court to vacate its stay pending appeal of an order setting aside the Centers for Disease Control and Prevention’s COVID-19-related eviction moratorium in the wake of a new CDC eviction moratorium set to run until Oct. 3.
CHICAGO — Hospitality industry insured plaintiffs on Aug. 3 moved for an injunction of all pending and future state court class actions in which insureds of Society Insurance Co. seek business interruption protection coverage arising out of the coronavirus pandemic until proceedings in a multidistrict litigation are completed, arguing to a federal court in Illinois that an injunction “is necessary to prevent Society from attempting to conduct a reverse auction with state court class action plaintiffs to the detriment of the Plaintiffs in this MDL.”
COLUMBUS, Ohio — Arguing that insurers are bound by what their insurance policy says and not what they wish it said, an insured in an Aug. 3 merits brief asks the Ohio Supreme Court to answer yes to a federal court’s certified question asking whether “the general presence in the community, or on surfaces at a premises, of the novel coronavirus known as SARS-CoV-2” constitutes “direct physical loss or damage to property; or does the presence on a premises of a person infected with COVID-19 constitute direct physical loss or damage to property at that premises?”
PORTLAND, Maine — Students’ class action constitutional, unjust enrichment and conversion claims brought against a university for lack of in-person services during the pandemic are dismissed, but a breach of contract claim will continue, a Maine justice ruled July 14.
CHICAGO — The Seventh Circuit U.S. Court of Appeals on Aug. 2 denied a motion for a preliminary injunction pending appeal filed by university students challenging Indiana University’s mandate that they be vaccinated for COVID-19 to return to campus.
WASHINGTON, D.C. — George Washington University (GW) students and parents of students whose putative class complaint seeking refunds after in-person classes and services were halted due to the coronavirus pandemic was dismissed in March for failure to state a claim filed an appellant brief on July 27 asking the District of Columbia Circuit U.S. Court of Appeals to reinstate their claims as they plausibly alleged a breach of contract.
NEW YORK — The clerk for the Second Circuit U.S. Court of Appeals on Aug. 3 ordered the dismissal of an appeal filed by residents of an assisted living facility who allege that the facility’s response to the COVID-19 pandemic violated the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA) effective Aug. 17, the week after the residents informed the court by letter that they were withdrawing their appeal.
PHILADELPHIA — Shareholders in a securities class action against a biotechnology company and three of its senior executives, who allegedly misrepresented the company’s development and manufacturing capabilities for its COVID-19 vaccine candidate, asked a federal judge in Pennsylvania on July 29 to certify a class of similarly situated investors and named the lead plaintiffs as class representatives.
ALLENTOWN, Pa. — One month after a federal judge in Pennsylvania held that although Boscov's Department Store Inc.’s business has undoubtedly been impacted by the coronavirus pandemic, its “alleged losses bear no causal connection to the physical condition of its properties,” Boscov’s on July 29 filed a notice of appeal to the Third Circuit U.S. Court of Appeals challenging the no coverage ruling in its breach of contract and bad faith lawsuit against its insurer.
NEW YORK — A music school graduate may proceed with her putative class claims of breach of implied contract and unjust enrichment after the school halted in-person classes due to coronavirus as she sufficiently alleged for this stage that an agreement existed to provide in-person instruction, a federal judge in New York ruled July 20.
DETROIT — A federal judge in Michigan on July 22 granted final approval of a class settlement in a lawsuit filed by inmates shortly after the coronavirus pandemic hit their jail, finding that the agreements reached regarding concerns that included vaccines, housing and hygiene were “reasonable” and addressed most of the issues raised by the plaintiffs.