Mealey's Coronavirus

  • May 16, 2022

    Students With Religious Objections To School Vaccination Mandate Seek Injunction

    SAN DIEGO — 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 sought a preliminary injunction from a California federal court on May 11, claiming that the lack of religious exemptions from the mandate violated their rights to free exercise of religion.

  • May 13, 2022

    11th Circuit: No Coverage For Florida Restaurant’s Losses From Shutdown Orders

    ATLANTA — The 11th Circuit U.S. Court of Appeals on May 13 affirmed a lower federal court’s ruling in favor of an insurer in a Florida restaurant owner insured’s lawsuit alleging that its business losses and extra expenses resulting from coronavirus pandemic were covered, finding that loss of business as a result of government closure orders is not covered because as recently found in SA Palm Beach, LLC v. Certain Underwriters at Lloyd’s London, “some tangible alteration of the property is required.”

  • May 13, 2022

    Employer’s Summary Judgment Motion In COVID-19 Testing Class Suit Deemed Premature

    WILLIAMSPORT, Pa. — A health care provider’s summary judgment motion under Federal Rule of Civil Procedure 56 in a putative class complaint by employees challenging COVID-19 testing requirements for those who were granted religious exemptions to mandated vaccines is premature as the identified shortcomings in the complaint would be “best addressed” in a Federal Rule of Civil Procedure 12(b)(6) motion, a federal judge in Pennsylvania ruled May 10.

  • May 13, 2022

    Florida Panel: No Coverage For Restaurant’s Economic Losses Arising From COVID-19

    MIAMI — A Florida appeals panel on May 11 affirmed a lower court’s dismissal of a restaurant and bar’s lawsuit seeking coverage for its business income losses caused by the suspension of its operations during the coronavirus pandemic, finding that the insured’s economic losses are not covered under its commercial property insurance policy.

  • May 13, 2022

    11th Circuit Declines To Block International Traveler COVID Testing Requirement

    ATLANTA — In a frequent air traveler’s appeal of a Florida federal court’s ruling that the Centers for Disease Control and Prevention’s transportation mask mandate and international traveler COVID-19 testing requirement for reentering the country were valid exercises of its legislative authority, the 11th Circuit U.S. Court of Appeals on May 12 denied the traveler’s emergency motion for a preliminary injunction of the testing requirement and directed the clerk to treat any motion for consideration of the order as a non-emergency matter.

  • May 11, 2022

    Nursing Home Asks 2nd Circuit To Dismiss COVID Death Appeal As Moot

    BROOKLYN, N.Y. — After a stay was lifted, a nursing home on May 9 filed a reply brief with the Second Circuit U.S. Court of Appeals in support of its motion to dismiss its appeal of a wrongful death suit brought by a son whose father contracted COVID-19 at the facility, arguing that the appeal is moot as the underlying state court suit “no longer exists.”

  • May 11, 2022

    Coronavirus Travel Advisory Fails As ‘Public Policy’ Defense To Award, Judge Says

    SAN DIEGO — A California federal judge on May 9 granted a shipowner’s petition to confirm a London Maritime Arbitrators Association (LMAA) arbitral award worth more than $110,000 against a charterer after finding that the award does not violate U.S. public policy because it related to payment for a charter scheduled after March 2020 when international travel was restricted due to the coronavirus pandemic.

  • May 11, 2022

    CDC:  Traveler’s Fear COVID Test Requirement Will Prevent Return To U.S. Speculative

    ATLANTA — In a frequent air traveler’s appeal of a Florida federal court’s ruling that the Centers for Disease Control and Prevention’s transportation mask mandate and international traveler COVID-19 testing requirement for reentering the country were valid exercises of its legislative authority, the CDC on May 10 opposed the air traveler’s emergency motion for a preliminary injunction of the testing requirement, arguing that the circumstances did not constitute an urgent situation and that the harm claimed by the air traveler was speculative.

  • May 11, 2022

    FDA Limits Use Of Janssen COVID-19 Vaccine Due To Blood Clot, Death Risk

    SILVER SPRING, Md. — The Food and Drug Administration on May 5 limited the authorized use of the Johnson & Johnson/Janssen Global Services LLC COVID-19 one-dose vaccine because of the risk of blood clots with thrombocytopenia syndrome (TTS).

  • May 10, 2022

    Insurers Petition For Virginia High Court To Rehear Ruling On Motions To Crave Oyer

    RICHMOND, Va. — Insurers on April 28 petitioned the Virginia Supreme Court to reconsider its April 14 denial of their appeal of a lower court’s ruling that denied their motions to crave oyer in a coronavirus coverage dispute with its hotel insureds according to docket entry.

  • May 10, 2022

    Frequent Air Traveler Seeks To Block CDC International Traveler Test Requirement

    ATLANTA — In his appeal of a Florida federal court’s ruling that the Centers for Disease Control and Prevention’s transportation mask mandate and the international traveler COVID-19 testing requirement for reentering the country were valid exercises of its legislative authority, a frequent air traveler on May 6 requested that the 11th Circuit U.S. Court of Appeals enjoin the CDC from enforcing the testing requirement, claiming that he was injured by the prospect of being unable to board his return flight because of being unable to obtain a test or because of a false positive test result.

  • May 10, 2022

    Anti-Vaccine Doctors’ Group Dismissed From University Vaccination Policy Challenge

    RIVERSIDE, Calif. — A California federal judge on May 5 granted a state university’s motion and dismissed a doctor’s organization for lack of standing from the second amended complaint of the organization and university students seeking to prevent the university from enforcing its COVID-19 vaccination requirement against students with natural immunity acquired from having been infected with the coronavirus.  All the plaintiffs’ individual claims were also dismissed, some with leave to amend.

  • May 10, 2022

    Federal Officials Appeal Preliminary Injunction In Military Officers’ Vaccine Suit

    ATLANTA — A preliminary injunction granted to two military officers challenging a COVID-19 vaccine mandate should be vacated as it exceeds the court’s authority to intrude on military decisions and the officers failed to show that their claims under the Religious Freedom Restoration Act (RFRA) and free exercise clause of the First Amendment are likely to succeed, federal government officials argue in an appellant brief filed April 11 in the 11th Circuit U.S. Court of Appeals.

  • May 10, 2022

    9th Circuit Refuses To Rehear, Stay Apparel Store Owners’ Coronavirus Coverage Suit

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals issued a mandate on May 3 after  denying insureds’ petition for a panel rehearing or a stay of a mandate related to the court’s March 22 grant of a business owners insurer’s motion or judgment on the pleadings in their lawsuit seeking coverage for their alleged losses prompted by the coronavirus pandemic.

  • May 09, 2022

    Dismissal Of Class Suit Over Navy COVID-19 Vaccine Mandate Denied

    FORT WORTH, Texas — A federal judge in Texas on May 7 denied a motion to dismiss a class lawsuit by Navy SEALs and other service members challenging the Navy’s COVID-19 vaccination policies, rejecting the federal government’s arguments that the claims are not ripe for review and that the venue was improper.

  • May 09, 2022

    11th Circuit: COVID-19 Did Not Cause ‘Tangible Alteration’ To Properties, No Coverage

    ATLANTA — An 11th Circuit U.S. Court of Appeals panel on May 5 held that, under Florida law, “all-risk” commercial insurance policies do not provide coverage for losses and expenses incurred by businesses as a result of the coronavirus because COVID-19 did not cause a “tangible alteration” of their insured properties.

  • May 06, 2022

    Insurer Asks Delaware High Court To Affirm Dismissal Of Coronavirus Coverage Suit

    NEW CASTLE, Del. — An insurer on April 28 answered an insured’s appeal to the Delaware Supreme Court seeking to overturn a lower court’s finding that an insurance policy’s “Pollution and Contamination” exclusion unambiguously bars coverage for the insured’s economic losses resulting from the coronavirus pandemic and related government shutdowns of its six family entertainment centers and two water parks in three states.

  • May 06, 2022

    College District Objects To Law Firm’s Intervention In In School Vaccination Case

    PHOENIX — An Arizona state community college district on May 5 opposed a law firm’s motion to intervene as a party defendant to protect what the law firm characterized as its “contractual contingency interest” in any fees and costs awarded to two nursing students seeking to prevent the college district from enforcing a policy requiring them to become vaccinated for COVID-19 to participate in a clinical rotation required for their graduation.

  • May 04, 2022

    SMU Student Will Appeal Contract Breach Claim In Pandemic Closure Suit

    DALLAS — A Southern Methodist University (SMU) student whose putative class complaint against the school after it shut its doors and transferred all learning to online in March 2020 due to the coronavirus pandemic was dismissed filed a notice on April 29 in a federal court in Texas that he will appeal dismissal of his breach of contract claim.

  • May 04, 2022

    Amended Complaint Bringing Class Claims Over Airlines’ Mask Enforcement Tossed

    ORLANDO, Fla. — A federal judge in Florida on April 29 in an order addressing numerous motions in a putative class complaint accusing various airlines of violating the Air Carrier Access Act when they enforced the federal transportation mask mandate dismissed the passengers’ amended complaint, which added the class claims, and directed that a second amended complaint must be filed no later than May 13.

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