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.

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.

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.

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