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.
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.
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.