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Two Remote Court Proceedings That Are Here to Stay

Author: Kimberly Sayre

Guest Editor: Grace Shuman

January 13, 2022 8:40am

The past two years have dramatically changed the legal practice, and some of those changes may be here to stay.  At the beginning of the pandemic, many courts closed completely. Now, court rules are in flux.  Bench trials have been remote; jury trials have been hybrid; and court appearances have been conducted remotely via teleconference and video conference. While some of these changes are temporary adaptations, some are likely permanent.  Attorneys should expect continued hearing and jury disruptions.

New York Updates Vaccination Requirements for In-Person Workplaces

Author: Michael D. Drews

Guest Editor: Grace Shuman

January 13, 2022 8:40am

December 27, 2021 brought a shift in vaccination requirements for New Yorkers. Businesses and employees should be aware of their new obligations.  More employees are now required to be vaccinated.  Employees in eligible positions must take specific steps, and businesses are required to demonstrate their employees have taken such steps.  Businesses who do business with independent contractors should also be aware of special requirements.

Are New Jersey Insurers on the Hook for Restaurants’ COVID-19 Losses?

Author: Michael D. Drews

Guest Editor: Grace Shuman

October 29, 2021 9:00am

During the pandemic, many businesses felt the impact of government regulations.  With regulations like curfews, mask mandates, and changing capacity limits, businesses have experienced upheaval throughout the pandemic.  Legal ramifications for such situations are still evolving.  In New Jersey, one restaurant argued that business revenue lost due to a takeout/delivery-only requirement was covered by its insurance policy.

Colorado Restaurant Failed to Prove Physical Loss from COVID-19

Author: Michael D. Drews

Guest Editor: Grace Shuman

October 29, 2021 9:00am

In the wake of the COVID-19 pandemic, restauranteurs are facing a litany of issues.  With changing governmental restrictions, restaurants have had to adapt more than most businesses.  Some restauranteurs have taken to the courts to try and recoup losses.  In a recent Colorado case, the court examined loss coverage stemming from the pandemic.

New York Extends Eviction Moratorium to January 2022

Author: Tina Ma

Guest Editor: Kiran Gupta

October 4, 2021 5:36pm

On September 1, 2021, state lawmakers voted to extend the COVID-19 emergency eviction moratorium to January 15, 2022. The measure was passed 38-19, followed by the Assembly 80-60. The vote took place at a special session called by newly instated Governor Kathy Hochul. This was the first time members had convened in full since the pandemic began in March 2020.

Florida Jury Awards $50 Million in Habitability/Mold Case

Author: Rob Olson

Guest Editor: Kiran Gupta

October 4, 2021 5:32pm

A Florida jury awarded $48,257,922 to a tenant who lived in an apartment with “toxic” mold for approximately one and a half years. This verdict included $35 million for past and future pain and suffering and $10 million for future medical costs! While the defendants were not represented at trial, the award is a shot across the bow at what Nuclear Verdicts™ may look like post-pandemic.

Are Employer-Mandated Vaccines the Future? New York State Bar Association Says Yes

Author: Michael D. Drews

Guest Editor: Grace Shuman

September 13, 2021 2:33pm

On August 27th, the New York State Bar Association’s Emergency Task Force on Mandatory Vaccination and Safeguarding the Public’s Health (“Task Force”) released a report detailing its discussions on the COVID-19 vaccine. Among its many recommendations, the Task Force urged lawyers, employers, and their employees to get vaccinated, as well as teachers, students (when approved for their age group), and university students, faculty, and staff. In addition, the Task Force recommended vaccine access be provided in correctional facilities and in immigration detention facilities.

What Are the Limits of PREP Act Immunity for Senior Living Facilities?

Author: Aurora Levinson

Guest Editor: Kiran Gupta

September 7, 2021 9:00am

This article will discuss the origins of the PREP Act and its use as a tool to provide immunity from civil prosecution to senior living facilities from actions arising out of the COVID-19 pandemic. We will briefly review the history of the PREP Act, address its use to protect senior living facilities from prosecution during the pandemic, and address the limits of immunity and the next battlegrounds in litigation.

Arizona Supreme Court Issues Order for Phasing in of New Changes in Court Practices Due to the COVID-19 Public Health Threat

Author: Jason Gould

July 30, 2021 9:00am

Since the state of Arizona declared a statewide public health emergency on March 11, 2020, Arizona courts have continued their attempts return to normalcy. Given the ongoing potential threat to public safety, availability of approved vaccines, and CDC guidance changes, limitations and changes in court practices have been ongoing and are still necessary.

Update: California District Court Upholds Previous Dismissal of Wife’s COVID-19 Civil Suit

Author: David Kahn

Guest Editor: Kiran Gupta

June 4, 2021 9:00am

In our April Newsletter, Tyson & Mendes reported a California federal court dismissed a lawsuit filed by the wife of a construction worker. Plaintiff claimed her husband contracted COVID-19 at work and brought the virus home infecting her as well. Following the dismissal, the district court judge gave plaintiff an opportunity to amend her complaint. At a hearing on May 7, 2021, the court upheld the dismissal without further leave to amend. As of this date, it is unknown whether plaintiff will appeal.

The Wave of Recent COVID-19 Litigation and Trends to Watch For

Author: Rachel Donnelly

Guest Editor: Kiran Gupta

April 2, 2021 9:00am

California recently passed the one-year anniversary of the COVID-19 stay at home order. The COVID-19 pandemic has affected lives in different ways. Employees who regularly worked in an office now work from home. Restaurant chains open for years have shut their doors for good as they could no longer turn a profit. COVID-19 has also affected litigation. It was unclear what types of suits would result from the pandemic. However, a year into this unforeseen global epidemic, we now have a better idea of the types of lawsuits which will be filed. This article explores recent news involving COVID-19 litigation throughout the United States in an effort to achieve a better understanding of how litigation has changed.

The Effect of COVID-19 on The Music Industry and Recent Case Law

Author: Robert Bernstein

Guest Editor: Kiran Gupta

April 2, 2021 9:00am

While the streaming of recorded music remains healthy, live music venues, musicians, and those who support them have been hard hit by the COVID-19 pandemic. Restaurants may survive by offering food to go and in some instances outdoor seating, but a concert cannot be packaged to take home, and it is not practical to perform outdoors for small groups, even when weather and noise are not concerns. Following are summaries of two recent music industry decisions, one a win for an insurer and one a win for a concertgoer. A third ongoing case involving a dispute with an insurer over a cancelled music tour is also discussed.

Does Government Suspension of Onsite Dining Trigger Business Interruption Loss Coverage

Author: Cheryl Wilson

Guest Editor: Kiran Gupta

April 2, 2021 9:00am

It depends. Even though the world may be in crisis, a written contract continues to provide a certain measure of stability. In Nevada, restaurants ceased on-site dining due to a quarantine mandate in March 2020 and restaurants continue to limit the number of guests to this day. Hundreds of businesses suddenly could no longer serve guests in Las Vegas. While it hurt those businesses, a recent decision by U.S. District Court clearly shows, even in a pandemic, the policy language of a contract controls what is covered, and courts will not bend the language due to COVID-19.

Can Employers Require COVID-19 Vaccination?

Author: Aurora Levinson

March 8, 2021 8:00am

Last December, the U.S. rolled out its first vaccines against COVID-19, marking a turning point in the pandemic.  Many employers wondered whether they could or should require employees to vaccinate.  Another question is whether this requirement would violate ADA and religious mandate regulations.

To Zoom or Not to Zoom…That is the Question.

Author: Brianna Andrade

March 1, 2021 12:48pm

March 2021 marks the year anniversary that jury trials seemingly ceased to exist as we once knew them – that is, before COVID-19 abruptly shifted the courtroom.  In the past year, jury trials have been ridden with unpredictability.  One can rarely read a legal document these days without at least some mention of COVID-19 and its impact on the overall timeline of a matter.  Are jury trials really a distant memory while still navigating midst of the COVID-19 era, or will innovation and the embrace of a new normal propel us forward?

Developments in Business Interruption Insurance Coverage and Litigation Due to COVID-19

Author: Tina Ma

February 1, 2021 8:28pm

As coronavirus cases continue to rise, lockdown and stay at home orders have returned, shutting down and limiting business operations.  As such, it is likely the number of business interruption claims will increase in the upcoming months.  Historically, business interruption insurance cover claims arising from natural disasters and most policies contain a specific exclusion for damages arising from a virus.  Since the start of the pandemic in March 2020…

Can CRE Landlords Be Held Liable for COVID-19 Exposures?

Featured: Rob Olson

Millionacres – January 19, 2021

Rob Olson is senior counsel in San Diego with Tyson & Mendes, a litigation firm that specializes in insurance defense. He said:

“The first question in evaluating a lawsuit over COVID exposure: Where did the plaintiff allege they were exposed? If it was at work, in a tenant’s office space, then it is outside the property owners’ control. But if the plaintiff alleges that they were exposed in a common area, then the property owner may not easily get out of the lawsuit.”

READ MORE HERE

COVID-19 Business Loss Coverage Update

Author: David Kahn

January 11, 2021 9:00am

According to Law360, there are over 1,400 federal lawsuits fighting denials by insurance carriers for COVID-19 business loss coverage and over 600 such suits in state court. In last month’s Newsletter, we reported the dismissal of the complaint of two Fresno hotels claiming business losses based on the virus exclusion in their respective insurance policies continuing the trend of California courts. (West Coast Hotel Management, LLC…

The Nevada Division of Insurance and Power to Suspend Policy Exclusions for Pandemic-Related Coverage

Author: Cheryl Wilson

Guest Editor: Jeremy Freedman

November 30, 2020 3:59pm

The Nevada Division of Insurance can create law and determine when the law has been violated. The Division of Insurance has original jurisdiction to hear matters when a party seeks to force a carrier to comply with the insurance code. (Allstate Ins. Co. v. Thorpe (Nev. 2007) 123 Nev. 565; see also NRS § 686A.015 [stating “the Commissioner has exclusive jurisdiction in regulating the subject of trade practices in the business of insurance in this state.”]). NRS 679B.301(1) authorizes the Insurance Commissioner to hold hearings for any purpose under…

Federal District Court in California Dismisses Hotel Owners’ COVID-19 Business Loss Lawsuit Based on Virus Exclusion in Policy

Author: David Kahn

Guest Editor: Jeremy Freedman

November 30, 2020 3:41pm

The Central District Court of California has dismissed the Complaint of two Fresno hotels claiming business losses to COVID-19. Following the trend of other California courts, the Central District Court found the Complaint failed to specifically allege facts supporting a claim for Business Income and Civil Authority coverage under the applicable Insurance Policy. Accordingly, the Court held the hotels’ COVID-19 related business losses were excluded from coverage under the Policy’s Virus Exclusion.

Can a Home Office Establish Venue in Illinois?

Author: Scott Ruksakiati

Guest Editor: Nathan Berkeley

November 30, 2020 3:26pm

During an extended period of COVID-19-related changes to the way businesses operate, and considering the uncertainty of what the situation may be in the coming months, the potential significance of a recent Illinois Supreme Court’s opinion on the issue of whether a home office is sufficient for purposes of establishing venue cannot be overemphasized. Even though the facts of Tabirta v. Cummings, 2020 IL 124798, originated well before COVID-19 surfaced to influence many parts of everyday life, its issuance during the pandemic serves to provide guidance for business owners and defense counsel alike moving forward, especially when so many employees are working from home.

Proposed S8587 Declares Agreements Exempting Employers From Liability for Negligence Related to the COVID-19 Pandemic Void and Unenforceable

Author: Kiley McCarthy Connolly

Guest Editor: Jenn N. Crittondon

November 2, 2020 3:00pm

In proposed New York Senate Bill S8587, the legislature is considering passing a law which declares agreements exempting employers from liability for negligence related to the COVID-19 pandemic void and unenforceable. The bill is sponsored by Senator Liu, Senator Biaggi, and Senator Carlucci and was introduced to the New York Senate on June 16, 2020.

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