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LAW360’s Coronavirus: The Week In Review

By LAW360 From All Access

Friday, April 2, 2021 Follow Law360

TOP NEWS

How Benefits Can Ease Workers’ Return To The Office

As plans for bringing America’s white-collar workforce back to the office begin taking shape, employers can ease the transition for their workers by making use of wellness programs, employee assistance programs and disease management programs.

CFPB Retracts Measures Granting Cos. Relief Amid Crisis

The Consumer Financial Protection Bureau is taking back seven policy statements from last spring that granted temporary regulatory relief to financial services providers in light of the coronavirus pandemic, measures the agency’s acting director said Wednesday are “no longer prudent.”

Fla. Gov. Signs Sweeping COVID-19 Liability Protection Law

Florida on Monday became the most populous state to date to enact legislation shielding businesses and health care providers from COVID-19 injury and death lawsuits, with the law drawing mostly praise from the state’s legal community as needed to support a post-pandemic economic recovery despite controversy over certain provisions.

Biden Signs 2-Month Extension For PPP Virus Loan Program

Small businesses have two more months to seek forgivable pandemic relief loans through the Paycheck Protection Program after President Joe Biden signed a new law Tuesday, one day before the program was set to close.

Santa Clara U. Beats Law Students’ Tuition Refund Suit

A California federal judge has dismissed a putative class action brought by three law students demanding Santa Clara University reimburse their tuition and fees after their classes moved online due to the COVID-19 pandemic, ruling that the institution never explicitly promised students in-person classes.

Minn. Judge Calls For More Zoom Trials – Pandemic Or Not

The District of Minnesota will keep holding Zoom civil jury trials even after the pandemic has abated, according to its chief judge, who said virtual proceedings can help to relieve the criminal trial backlog and can still be held in the middle of a St. Paul blizzard.

CDC Extends Federal Anti-Eviction Order Through June

The Centers for Disease Control and Prevention on Monday announced a 90-day extension of a national anti-eviction order slated to expire on March 31, drawing criticism from landlord groups and calls from tenant groups for stronger action.

Coronavirus Litigation: The Week In Review

The Occupational Safety and Health Administration has escaped claims it failed to enforce COVID-19 protocols, Pfizer Inc. and BioNTech say a suit alleging they used poached research technology in their testing of a coronavirus vaccine could hinder vaccine efforts, and Planet Fitness has dodged a class action claiming it unlawfully charged fees while gyms were shuttered during the pandemic.

CLOSINGS AND DELAYS

Coronavirus: The Latest Court Closures And Restrictions

UPDATED April 1, 2021, 5:35 PM EDT | As courts across the country take measures to prevent the spread of the coronavirus, some are restricting access and altering their procedures. Click state or court to jump to section. 

Courtroom Shortages Mean Delay For CVS Overcharge Trial

A class of prescription-drug buyers will have to wait an extra week to start a trial against CVS Pharmacy Inc. for alleged overcharges, a Bay Area federal judge ruled Wednesday, saying the district’s judges were “jockeying for courtroom space” as pandemic conditions improve.

WHAT LAWYERS NEED TO KNOW

Coronavirus Regulations: A State-By-State Week In Review

Efforts to reopen and revitalize the nation’s economy amid the continuing COVID-19 pandemic continued over the past week with relaxed visitation rules at long-term care facilities in Delaware and Massachusetts and scaled-back capacity limits in New Jersey, notably in sporting arenas revving up for the spring season. 

Justices Won’t Rethink Challenges To Ill. COVID-19 Orders

The U.S. Supreme Court won’t review challenges to Illinois Gov. J.B. Pritzker’s order that had limited the size of gatherings during the COVID-19 pandemic and another one that had limited religious gatherings, marking the latest high court actions involving pandemic-era crowd size. 

Pfizer, BioNTech Call IP Suit A ‘Burden’ On Vaccine Effort

Pfizer Inc. and BioNTech want a California federal judge to toss a suit claiming they used poached research technology in their testing of a COVID-19 vaccine, saying the case should be stopped before it “becomes another burden on” vaccine efforts.

Minor Leaguers Tell 9th Circ. Virus Suit Tossed Prematurely

A group of Minor League Baseball teams urged the Ninth Circuit to revive their pandemic-related insurance fight Wednesday, arguing that the lower court made a premature finding that their losses were caused by the coronavirus and thus barred from coverage under a virus exclusion.

Judge Calls It A Night For Philly Bars’ Pandemic Coverage Suit

The owners of Tria wine bars in Philadelphia can’t tap into coverage with American Automobile Insurance Co. for pandemic-related losses, a Pennsylvania federal judge ruled, using a New York judge’s example of an unruly teenager to conclude that their proposed class action does not allege a physical loss tied to the COVID-19 pandemic and government orders.

Virus Exclusion Ends NJ Ice Cream Shop’s Coverage Suit

A New Jersey federal judge on Monday ruled that the owner of an ice cream restaurant is not entitled to coverage for pandemic-related business interruption losses, finding that a clear virus exclusion in the shop’s policy forecloses its insurance claim. 

Pa. Court Told To Treat Virus Closure Like Smoking Ban

Erie Insurance Exchange urged a Pennsylvania state judge Wednesday to treat the state’s pandemic-related closure orders like indoor smoking bans, mandatory last-call times or noise ordinances, and bar a Pittsburgh tavern from making a claim for lost income because of state-imposed limits.

Insurer Beats 4 Philly Cos.’ Virus Coverage Class Suits

Cincinnati Insurance Co. won its bid to toss four Philadelphia businesses’ consolidated class actions seeking COVID-19-related loss coverages, after a Pennsylvania federal judge ruled that the virus and state closure orders did not damage the businesses’ properties.

OSHA Escapes Pa. Meatpackers’ COVID-19 Protocols Suit

A Pennsylvania federal judge on Tuesday granted the Occupational Safety and Health Administration’s bid to ax a suit filed by meat processing plant workers who claimed that the agency failed to enforce COVID-19 protocols at their workplace despite receiving official complaints.

Donziger Wants Big SDNY Courtroom, Livestream For Trial

Disbarred human rights lawyer Steven Donziger wants a New York federal judge to throw open the courthouse doors for his upcoming criminal trial, asking on Tuesday for multiple accommodations to broaden public access including a remote stream and use of the largest room available.

GEO Group Fights Zoom Trial Over Detainees’ $1 Daily Wages

Private prison giant GEO Group Inc. fought back against having to mount a virtual defense against allegations of paying $1-a-day wages to immigrant detainees, telling a Washington state federal judge that issues of procedural fairness will “hang heavy over the trial.”

EXPERT ANALYSIS

Safeguarding Privileged Communications In A Remote World

With the pandemic ushering in remote collaboration tools, counsel must revisit fundamentals of the attorney-client privilege and the work-product doctrine, study cases involving email and other recent technologies, and follow 10 best practices to protect confidentiality, say attorneys at DLA Piper.

How COVID Pushed The US On Paid Parental Leave

Congress’ recent passage of the Federal Employee Paid Leave Act, in part due to the COVID-19 pandemic, has hastened decades of reevaluation of the Family and Medical Leave Act, and marks the first time workers have been able to access paid parental leave on a large scale in the U.S., say Rachel Steber and George Chuzi at Kalijarvi Chuzi.

United Ruling Helps Shape Force Majeure Scope Amid COVID

An Illinois federal judge’s recent decision in Rudolph v. United Airlines illustrates the importance of two bedrock concepts in force majeure litigation, providing needed guidance on how courts may interpret force majeure provisions and when pandemic-related issues may fall within those provisions, say attorneys at Saul Ewing.

Terminating Hotel Management Contracts Amid COVID-19

The drastic drop in hotel occupancy rates and revenues over the last year could provide a compelling financial incentive for hotel owners wishing to terminate their hotel management agreements, and present a significant financial risk for hotel operators, say attorneys at Akerman.

 

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