Mealey's Coronavirus

  • June 29, 2022

    Capital One Says It Was Not Obligated To Provide COVID-Related Relief To Customers

    SACRAMENTO, Calif. — Capital One Bank on June 10 moved to dismiss the second amended class action complaint of a former credit card customer alleging that it failed to keep its promises regarding relief from minimum monthly payments and late fees for customers experiencing financial hardship in connection with the COVID-19 pandemic, contending that it had never made any such promises and that the customer lacked standing to seek injunctive relief since she no longer had a credit card account with Capital One.

  • June 29, 2022

    1st Circuit Upholds Dismissal Of Whole Foods’ Workers BLM Masks Suit

    BOSTON — Whole Foods Market Inc. workers who filed a putative class complaint under Title VII of the Civil Rights Act of 1964 after being disciplined when they wore Black Lives Matter (BLM) masks and other attire failed to adequately plead racial bias or retaliation claims, a First Circuit U.S. Court of Appeals panel ruled June 28, noting that its reasoning somewhat differed from that of the trial court.

  • June 29, 2022

    Federal Judge Dismisses Clothing Boutique Owner’s Coronavirus Coverage Suit

    NEW YORK — A federal judge on June 24 granted a commercial property insurer’s motion to dismiss a clothing boutique operator’s breach of contract and declaratory judgment lawsuit seeking business interruption and property damage coverage for its losses arising from the coronavirus and subsequent shutdown orders, finding that the case “is indistinguishable” from Kim-Chee LLC v. Philadelphia Indemnity Insurance Co. where the Second Circuit U.S. Court of Appeals rejected a similar argument by the insured.

  • June 29, 2022

    Federal Judge Won’t Exercise Jurisdiction Over Hofstra Remote Learning Suits

    CENTRAL ISLIP, N.Y. — A federal judge in New York ruled on June 17 that two putative class complaints by Hofstra University students over the spring 2020 transition to remote instruction belong in state court pursuant to the Class Action Fairness Act’s (CAFA) “home state exception.”

  • June 29, 2022

    5th Circuit Upholds Dismissal Of Suit Challenging Hospital’s Vaccine Mandate

    NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel in a per curiam opinion issued June 13 affirmed a trial court’s dismissal of hospital workers’ complaint over a COVID-19 vaccine requirement, finding that the employees who appealed failed to show any error in the judgment and instead attempted to introduce “an entirely new argument on appeal.”

  • June 29, 2022

    Stay Denied, Amended Complaint With Names Ordered In Maine Vaccine Dispute

    BANGOR, Maine — A federal judge in Maine on June 17 denied a motion to stay sought by Maine health care workers referred to only as Does in their case challenging the state’s COVID-19 vaccine mandate after being directed to reveal their names and ordered the plaintiffs to file a first amended complaint by July 8.

  • June 28, 2022

    5th Circuit Grants En Banc Rehearing In Federal Workers’ COVID-19 Vaccine Suit

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals agreed June 27 to rehear en banc arguments in a case by a federal employee union, federal employees and others suing over an executive order (EO) requiring federal workers to be vaccinated against COVID-19 or obtain an exemption.

  • June 28, 2022

    Judge: No Private Right Of Action Under CARES Act For COVID Testing Reimbursement

    SAN FRANCISCO — A California federal court on June 23 granted a medical insurer’s identical motions to dismiss for failure to state a claim five separate complaints brought by a health care provider seeking full reimbursement for COVID testing services originally filed in small claims court and removed to federal court by the insurer, holding that the Coronavirus Aid, Relief, and Economic Security (CARES) Act did not provide a private right of action to health care providers, but allowing the provider to amend its complaint to bring claims under the Employee Retirement Income Security Act.

  • June 27, 2022

    Panel Temporarily Stays Mandate In Hotel, Restaurant Owner’s COVID-19 Coverage Suit

    RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on June 24 issued a temporary stay of the mandate of its affirmance of a North Carolina federal court’s dismissal of a hotel and restaurant owner insured’s breach of contract and bad faith lawsuit arising from the coronavirus pandemic one day after the insured filed a petition for rehearing.

  • June 27, 2022

    N.J. Panel Reverses Ruling In Casino’s Favor In Coronavirus Coverage Dispute

    TRENTON, N.J. — A New Jersey appeals panel on June 23 held that a lower court erred in denying insurers’ motion to dismiss an insured’s lawsuit seeking property and business interruption insurance coverage for its alleged loss of income during the closure of its Atlantic City casino in response to COVID-19 pandemic shutdown orders, reversing and remanding for the entry of an order to dismiss the complaint against all insurers.

  • June 27, 2022

    N.Y. Appeals Court Denies Insured’s Appeal In COVID-19 Coverage Dispute

    NEW YORK — A New York appeals panel on June 23 denied the owner and operator of numerous restaurants’ motion for leave to appeal an April 7 ruling that affirmed a lower court’s dismissal of the movant’s commercial property coverage lawsuit arising from an alleged tens of millions of dollars in revenue loss prompted by the coronavirus pandemic, standing by its finding that the movant failed to assert “any tangible, ascertainable damage, change or alteration to the property so as to plausibly state a claim the damage was ‘physical.’”

  • June 26, 2022

    Breach Of Implied Covenant Of Good Faith, Fair Dealing Claim Cannot Proceed

    SAN JOSE, Calif. — An insured’s claim for breach of contract based on the insurer’s breach of the implied covenant of good faith and fair dealing cannot proceed because the insured failed to show that the auto insurer, which allegedly profited from a premium giveback program initiated by the insurer during the COVD-19 pandemic, breached any specific provision of the auto policy at issue, a California federal judge said June 14 in granting the auto insurer’s motion to dismiss the breach of contract claim.

  • June 24, 2022

    California Supreme Court Will Review Questions On COVID-19 Work Exposure

    SAN FRANCISCO — The California Supreme Court on June 22 granted review of questions certified by the Ninth Circuit U.S. Court of Appeals concerning an employee’s exposure to COVID-19 at work and an employer’s responsibilities.

  • June 24, 2022

    Class Certification Denied In Suit Seeking Refunds From NYU During Online Learning

    NEW YORK — A lawsuit seeking a pro rata refund of fees paid to New York University (NYU) after on-campus classes and activities were halted in spring 2020 due to the coronavirus pandemic may not proceed as a class action as the lead plaintiff failed to show commonality, typicality or adequate representation, a federal judge in New York ruled on June 22, ordering dismissal as the basis for federal jurisdiction was eliminated.

  • June 24, 2022

    Rehearing Denied After Fla. Panel Finds Pandemic Closure Suit Should Be Dismissed

    MIAMI — A Florida appellate court on June 15 denied rehearing sought by a college student after the panel ruled in April that a trial court erred when it denied a college’s motion to dismiss the student’s putative class complaint over the transition to online learning in March 2020 due to the coronavirus pandemic.

  • June 24, 2022

    Citing ‘Very Different’ Policy, Judge Partly Rules For Insured In Coronavirus Coverage Suit

    SANTA ANA, Calif. — Partially granting a real estate trust insured’s motion for partial summary judgment in its breach of contract and bad faith lawsuit seeking coverage for its business interruption losses arising from the coronavirus pandemic, a federal judge in California on June 15 held that the insured’s “very different” insurance policy has to be interpreted “to encapsulate the very thing for which” the insured seeks coverage.

  • June 23, 2022

    Claims In Wells Fargo Forbearance Suit Dismissed, Sent To Bankruptcy Court

    ROANOKE, Va. — A federal judge in Virginia on June 21 dismissed several claims in a consumer class action lawsuit against Wells Fargo & Co. and Wells Fargo Bank NA in which the consumers alleged that their mortgage loans were improperly placed in forbearance without their permission during the COVID-19 pandemic, ruling that the consumers failed to sufficiently plead their claims or completely failed to defend their claims at all.

  • June 23, 2022

    Citing Prior Rulings, Court Again Refuses To Block School Vaccination Policy

    SAN DIEGO — In a case brought by California high school students and parents with religious objections to the COVID-19 vaccines challenging a school district’s imposition of a COVID-19 vaccination mandate and claiming that the lack of religious exemptions from the mandate violated their rights to free exercise of religion, a California federal court on June 21 again denied the plaintiffs’ motion for a preliminary injunction, concluding that several previous rulings adverse to the plaintiffs constituted the law of the case.

  • June 17, 2022

    7th Circuit Says COVID Death Suit Remand Proper, Advisory Opinions Not Binding

    CHICAGO — The Seventh Circuit U.S. Court of Appeals on June 15 affirmed a district court’s remand of a suit filed against a nursing home by the estate administrator of a former resident who died there from COVID-19, finding that the “suit was properly remanded” because the “principal disputes requiring adjudication in this suit are likely to be issues such as whether the nursing home allowed members of the staff to work while ill” and “have nothing to do with any federal statute.”

  • June 17, 2022

    Panel: Restaurant Did Not Suffer ‘Direct Physical Loss Of Or Damage To Property’

    CHICAGO — An Illinois appeals panel on June 15 held that a restaurant insured did not incur “direct physical loss of or damage to property” under a commercial property insurance policy when the insured suspended or scaled back its operations as required by governmental restrictions in response to the coronavirus pandemic, affirming a lower court’s ruling in favor of the insurer.

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