ALBANY N.Y. — An Albany County, N.Y., Supreme Court justice on July 26 granted an all-risk commercial insurer’s motion to transfer an insured’s coronavirus coverage lawsuit to New York County, rejecting the insured’s argument that the current venue is proper under the policy’s forum selection clause.
LOS ANGELES — Los Angeles Unified School District (LAUSD) employees and an employee association have no grounds to proceed with a complaint over an alleged mandatory COVID-19 vaccine policy where the School District decided to require the vaccine or testing, a federal judge in California ruled July 27, dismissing the claims against the two remaining defendants in the case, the superintendent and director of human resources, for failure to show future harm.
NEW YORK — Twenty days after issuing a one-page order dismissing Northwell Health Inc.’s breach of contract and bad faith lawsuit seeking $1.25 billion in coverage for its property and business interruption losses and decontamination costs arising out of the coronavirus pandemic, a federal judge in New York on July 27 entered a judgment in favor of two commercial property insurers after finding that Northwell’s arguments for coverage under “a litany of possible provisions” “are unpersuasive.”
WASHINGTON, D.C. — The Catholic University of America filed a motion on July 23 in a federal court in the District of Columbia seeking to certify a July 9 opinion that permitted a student to proceed with a putative class action over the cancellation of in-person instruction in March 2020 due to the coronavirus pandemic as an interlocutory review “is warranted” and similar cases are already pending before the District of Columbia Circuit U.S. Court of Appeals.
TAMPA, Fla. — A panel of the 11th Circuit U.S. Court of Appeals on July 23 sua sponte vacated its July 17 order granting a motion to stay pending appeal filed by the Centers for Disease Control and Prevention to block a Florida federal judge’s order preliminarily enjoining the CDC from enforcing its COVID-19-related cruise ship protocols for resuming sailing operations and denied the motion for a stay.
ATLANTA — American Property Casualty Insurance Association on July 21 filed an amicus curiae brief in support of Certain Underwriters at Lloyd’s London in a coronavirus coverage suit, arguing to the 11th Circuit U.S. Court of Appeals that commercial property insurance policies “do not—and were never intended to—provide coverage for economic losses untethered to physical loss or physical damage.”
TEXARKANA, Texas — The survivors of two individuals who died of COVID-19 filed a response on July 16 in a federal court in Texas opposing one of three motions to dismiss their wrongful death lawsuit in which they accuse the operators of a meat-packing plant and a partner of creating an environment in which there was an “uncontrolled” outbreak of the disease.
NEW YORK — A federal judge in New York on July 7 granted two commercial property insurers’ motion to dismiss Northwell Health Inc.’s breach of contract and bad faith lawsuit seeking $1.25 billion in coverage for its property and business interruption losses and decontamination costs arising out of the coronavirus pandemic and denied as moot Northwell’s motion for partial summary judgment.
SOUTH BEND, Ind. — An Indiana federal judge on July 18 denied a motion for a preliminary injunction filed by several Indiana University students challenging the university’s mandate that they be vaccinated for COVID-19 to return to campus.
TAMPA, Fla. — A panel of the 11th Circuit U.S. Court of Appeals on July 17 granted the time-sensitive motion for stay pending appeal and administrative stay filed by the Centers for Disease Control and Prevention and stayed a Florida federal judge’s order preliminarily enjoining the CDC from enforcing its COVID-19-related requirements that cruise ships implement certain protocols in order to resume sailing operations. The preliminary injunction had been set to take effect July 18.
LOS ANGELES — One day after a motion picture company insured and its insurer filed a joint stipulation of dismissal, a federal judge in California on July 16 dismissed without prejudice the insured’s lawsuit alleging that its insurer refused to extend its “film producers risk” insurance policy when the production of the movie “Hypnotic” starring Ben Affleck was delayed by risks associated with the coronavirus pandemic.
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on July 15 dismissed insureds’ appeal of a Louisiana federal court’s grant of their businessowners insurer’s motion for judgment on the pleadings in their lawsuit seeking coverage for their alleged losses prompted by the coronavirus pandemic, noting that the appellants failed to timely file their brief and record excerpts.
BROOKLYN, N.Y. — A New York justice on July 15 granted an insurer’s motion to dismiss a breach of contract lawsuit seeking coverage for the plaintiff’s alleged business income losses arising from the governmental restrictions in response to the coronavirus pandemic, finding that the policy terms “serve to utterly refute” the breach of contract claims.
WASHINGTON, D.C. — U.S. Supreme Court Justice Clarence Thomas on July 13 denied an emergency application filed by a frequent airline traveler to enjoin the Centers for Disease Control (CDC) from enforcing its mandate that masks be worn on public transportation, in particular airline transportation, to prevent the spread of COVID-19.
PHILADELPHIA — A federal judge in Pennsylvania on July 6 dismissed with prejudice a lawsuit by a former nursing home employee who alleged retaliation for a complaint about the lack of personal protective equipment (PPE) after a resident tested positive for COVID-19, writing that the parties “resolved” their issues.
SEATTLE — Three California residents filed a class complaint on July 2 in a federal court in Washington accusing Amazon.com Inc. of increasing prices by more than 1,000% on items highly sought after during the early days of the coronavirus pandemic such a face masks, toilet paper and cold remedies in violation of Washington state law.
MIAMI — A group of passenger cruise lines on July 13 filed suit in federal court against the Florida surgeon general, seeking declaratory relief and preliminary and permanent injunctive relief from Florida’s prohibition — passed in May — on requiring documentation from customers proving vaccination for COVID-19.
LOS ANGELES — A California state judge on July 8 granted the anti-SLAPP motion filed by teachers’ labor union United Teachers Los Angeles (UTLA) as to the first amended complaint of parents of Los Angeles County schoolchildren seeking to prevent UTLA from interfering in the resumption of in-person teaching — suspended in response to the COVID-19 pandemic — dismissing all the union defendants without prejudice.
NEW HAVEN, Conn. — A Yale University student who filed a putative class complaint accusing the school of various violations for failing to issue partial refunds after in-person education was halted in March 2020 due to the coronavirus pandemic failed to show that the school made any promise of in-person learning, a federal judge in Connecticut ruled July 7.
LONDON — An English justice on July 9 enjoined a casino company from suing its insurer in Nevada state court for a coronavirus-related business interruption indemnity claim after finding that the parties intended to agree to arbitrate disputes in London although the specific arbitration provision was accidentally omitted from the final policy.