Mealey's Coronavirus : Mealey's : Legal News & Analysis

Mealey's Coronavirus

October 19, 2023
Parent Critical Of COVID Policy Seeks Summary Judgment In Suit Against School Board

DETROIT — In a lawsuit by a parent against a Michigan school district and individual school board members stemming from the board members’ responses to the parent’s criticism of the school district’s COVID-19 policy, the parent moved for summary judgment on Oct. 18, contending that there are no genuine issues of material fact as to her allegations that the board members violated her First Amendment free speech rights or that one board member’s illegal actions were done on behalf of the board.
October 19, 2023
BU Students Seek Reversal Of Summary Judgment Ruling In Pandemic Closure Suit

BOSTON — A trial court erred when it granted summary judgment to the trustees of Boston University (BU) in a putative class complaint brought after in-person classes transitioned to online-only in March 2020 due to the coronavirus pandemic, the students who brought the complaint write in an omnibus appellant brief filed in the First Circuit U.S. Court of Appeals, arguing that the ruling came after the court “correctly identified disputed issues of material fact.”
October 19, 2023
Air, Space Force Members Argue For Denial Of Certiorari In Vaccine Mandate Appeal

WASHINGTON, D.C. — The U.S. Supreme Court should not grant a petition for a writ of certiorari by the Air Force secretary and others seeking vacatur of the Sixth Circuit U.S. Court of Appeals’ ruling that left in place class certification and a classwide injunction in a vaccine mandate case where the mandate has since been rescinded, members of the U.S. Air Force and Space Force who refuse to get the COVID-19 vaccine for religious reasons argue in an Oct. 18 opposition brief, asserting that the appeal is not moot.
October 19, 2023
PPP Loan Recipient: No Factual Issue That Loan Forgiveness Denied Improperly

CHICAGO — A Paycheck Protection Program (PPP) loan recipient that was denied eligibility for loan forgiveness because of the nature of its business moved for summary judgment in its lawsuit against the Small Business Administration (SBA), contending that there was no question of material fact that the SBA applied an interim final rule to deny forgiveness that was in contravention of the provisions of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, under which the PPP was created.
October 18, 2023
Supplier Seeks Reimbursement From Manufacturer For Unsold Hydroxychloroquine

TRENTON, N.J. — A pharmaceutical supplier sued a pharmaceutical manufacturer in New Jersey federal court, alleging that the manufacturer breached a contract for the purchase of large quantities of hydroxychloroquine and chloroquine phosphate for the treatment and prevention of COVID-19 in failing to provide refunds for unpurchased product and to indemnify the supplier against claims by a governmental customer that the prices set by the manufacturer violated state law.
October 18, 2023
Baylor As Amicus Tells Texas High Court Pandemic Liability Act Is Retroactive

AUSTIN, Texas — The Texas Supreme Court should find that the Texas Pandemic Liability Protection Act (PLPA) may be applied retroactively to a Southern Methodist University (SMU) student’s breach of contract claim in a putative class complaint over the school’s closure during the early days of the coronavirus pandemic, Baylor University argues in the latest amicus curiae brief addressing a question certified by the Fifth Circuit U.S. Court of Appeals.
October 18, 2023
Former NBA Player Alleges Disability Insurer Breached Contract, Acted In Bad Faith

CHARLOTTE, N.C. — A former National Basketball Association (NBA) player alleges in a complaint filed in North Carolina federal court that his disability insurer acted in bad faith and breached its contract by denying his disability benefits claim because he was rendered totally and permanently disabled by a diagnosis of myopericarditis, an inflammation of the lining of his heart, following two bouts with COVID-19.
October 18, 2023
New York Justice Dismisses Counterclaims Against Insurers In COVID-19 Coverage Suit

NEW YORK — A New York justice granted insurers’ motion to dismiss their insurers’ counterclaims in a coronavirus coverage dispute, finding that the case is “factually indistinguishable” from Consolidated Rest. Operations, Inc. v. Westport Ins. Corp. as to “policyholder COVID-19 claims based on a policy covering ‘direct physical loss, damage or destruction to property.’”
October 17, 2023
Delta Settles Pandemic Flight Cancellation Class Case For More Than $27M

ATLANTA — A federal judge in Georgia granted final approval of a class settlement in a case by Delta Air Lines Inc. customers who were provided credits and not requested refunds for flights canceled between March 2020 and April 2021; the agreement will provide more than $27 million to settlement class members who make eligible claims, as well as separate payments of more than $2.3 million for attorney fees and costs and $3,000 for a service award.
October 17, 2023
1st Circuit Upholds Ruling For University Board In Students’ Pandemic-Related Case

BOSTON — A First Circuit U.S. Court of Appeals panel affirmed a trial court’s ruling for a university board in a putative class complaint by students seeking full or partial refunds of tuition and fees after the University of Rhode Island (URI) transitioned to online learning and largely shut down in-person services in March 2020 due to the coronavirus pandemic.
October 16, 2023
6th Circuit Denies Rehearing After Upholding University’s COVID-19 Vaccine Mandate

CINCINNATI — The Sixth Circuit U.S. Court of Appeals denied a petition for rehearing en banc filed by a Michigan State University (MSU) worker after a Sixth Circuit panel ruled in the putative class complaint that the school’s COVID-19 vaccine mandate did not violate employees’ constitutional rights and was not preempted by federal law.
October 16, 2023
Supreme Court Grants Certiorari In 2nd Challenge To Chevron Deference

WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 13 granted a petition for a writ of certiorari in a second case challenging the doctrine of Chevron deference and ordered that it be briefed on a schedule allowing argument “in tandem” with a pending case pertaining to the same issue, both of which involve challenges to regulations that require fishing vessels to pay federal monitors.
October 16, 2023
High Court Denies Cert To Nursing Home Seeking Reversal Of COVID Suit Remand

WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 16 denied a nursing home’s petition for certiorari seeking to reverse a remand to state court of an elder abuse and negligence suit against it for complications allegedly related to a resident contracting COVID-19 on grounds that the state law negligence claims are preempted by the Public Readiness and Emergency Preparedness (PREP) Act.
October 12, 2023
SBA Argues It Can Deny PPP Loan Forgiveness If Borrower Was Never Eligible For Loan

AMARILLO, Texas — In an action brought by a truck dealer against the federal government challenging the Small Business Administration’s (SBA) determination that the dealer was not initially eligible for a Paycheck Protection Program (PPP) loan and thus ineligible for loan forgiveness, the federal government defendants cross-moved for summary judgment while at the same filing their response to the dealer’s prior motion for summary judgment.
October 12, 2023
9th Circuit: Accrued Vacation Owed When Hotel Announced Pandemic Temporary Layoff

PASADENA, Calif. — A hotel chain owed workers accrued vacation pay when it temporarily laid them off at the start of the coronavirus pandemic as that was “a discharge that triggers the prompt payments provision of” California Labor Code Section 201, a Ninth Circuit U.S. Court of Appeals panel ruled, partially reversing a trial court’s summary judgment ruling for Hyatt Corp.
October 11, 2023
Judge Dismisses UCL Claim, Allows Debt-Collection Claims In Mortgage Servicing Row

SAN FRANCISCO — A California federal magistrate judge granted in part and denied in part a motion to dismiss a suit brought against a mortgage lender, its affiliate and a servicer, finding that the borrower and a resident of the property at issue did not allege a loss of money as required by their claim for violation of California’s unfair competition law (UCL) but brought valid debt collection claims for unfair practices pertaining to payment of a consumer debt during a COVID-19 forbearance period.
October 11, 2023
1st Circuit Partially Vacates Injunctive Relief Denial In Workers’ Vaccine Case

BOSTON — A First Circuit U.S. Court of Appeals panel partially vacated a preliminary injunctive relief denial by a trial court in a lawsuit filed by employees of a Massachusetts ferry operations authority after their requests for religious exemptions from a COVID-19 vaccine mandate were denied, finding that the workers’ free exercise claim must be considered on remand under the appropriate legal framework.
October 10, 2023
Bank Granted Summary Judgment In Fired Workers’ Suit Over COVID-19 Vaccine Policy

NEW YORK — The Federal Reserve Bank of New York (FRBNY) was granted summary judgment by a federal judge in New York in a lawsuit by two former employees who alleged that the bank failed to accommodate their religious beliefs when they were denied exemptions from the COVID-19 vaccination policy.
October 10, 2023
Citing Mudpie, 9th Circuit Affirms Virus Exclusion Bars Coverage For COVID-19 Losses

PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals affirmed a lower federal court’s dismissal of insureds’ lawsuit seeking coverage for their losses arising from the coronavirus pandemic and subsequent governmental orders, finding that, as in Mudpie, Inc. v. Travelers Cas. Ins. Co. of Am., the insureds failed to plausibly assert that “the efficient cause” of their losses was anything other than the spread of the COVID-19 virus throughout California.
October 10, 2023
$130,000 Settlement Approved In Class Case Over Hospitals’ Vaccine Mandate

GRAND RAPIDS, Mich. — A federal judge in Michigan granted final approval of a $130,000 settlement in a class lawsuit by current and former employees over their employer’s mandatory COVID-19 vaccine policy and awarded class counsel one-third of the settlement fund for attorney fees.
October 10, 2023
U.S. Supreme Court Denies Landowners’ Petition In Pandemic Access Class Case

WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 10 denied a petition for a writ of certiorari by Dare County, N.C., property owners who brought a class complaint over a 45-day ban preventing nonresident property owners from entering the county that was put in place in March 2020 in response to the coronavirus pandemic.
October 09, 2023
Maine Health Workers Ask U.S. High Court To Take Up COVID-19 Vaccine Challenge

WASHINGTON, D.C. — Maine health care workers who were fired after refusing the COVID-19 vaccine citing religious beliefs filed a reply brief in the U.S. Supreme Court urging the justices to hear their appeal in which they argue that the denials of religious accommodations violated Title VII of the Civil Rights Act of 1964.
October 06, 2023
Panel Tosses Appeal Of Order Denying Care Home Dismissal In Negligence Suit

BEAUMONT, Texas — A Texas appellate court dismissed a nursing home’s appeal of a lower court’s order denying its motion for summary judgment and dismissal in a negligence suit filed against it by the estate of a woman alleging that treatment she received at the nursing home fell below the appropriate standard of care, finding that the order from which the nursing home “appeals is an unappealable interlocutory order.”
October 06, 2023
5th Circuit Remands Coverage Suit Over $1M Settlement Of Canceled Music Festival

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Oct. 5 remanded an insured’s lawsuit seeking coverage for an underlying $1 million class action settlement arising from its refusal to refund ticket sales for the South by Southwest festival that was canceled due to the coronavirus pandemic, finding that it cannot reach the merits of the appeal because the parties have not established diversity of citizenship.
October 04, 2023
Insurer Asks 8th Circuit To Reconsider Remand Of Coronavirus Coverage Suit

ST. LOUIS — An insurer seeks rehearing or rehearing en banc of the Eighth Circuit U.S. Court of Appeals ruling that reversed and remanded a coronavirus coverage lawsuit for an Iowa federal court to determine whether federal diversity jurisdiction exists, arguing that the panel “expressly rejected the principle of federal law that parties are bound by their concessions of jurisdictional facts.”