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Media & Entertainment Law360 – Coronavirus: The Week In Review

Friday, June 11, 2021
TOP NEWS
Virtual Voir Dire Devolved Into Circus, Texas Justices Hear
Prospective jurors were spotted putting on makeup, drinking wine, gaming with headsets on and more during remote jury selection in the same Houston court that’s wrongly trying to force a $100 million personal injury dispute into a virtual trial, a fuel company told the Texas Supreme Court on Thursday.

DOL Issues Long-Awaited COVID-19 Safety Rule
The Labor Department’s Occupational Safety and Health Administration on Thursday issued a highly anticipated emergency rule that sets workplace safety parameters for employers in the health care sector for the duration of the COVID-19 pandemic.  

Calif. Mulls Nixing Mask Requirement For Vaccinated Workers
The California Division of Occupational Safety and Health will put forward recommended COVID-19 worker safety rule changes later this month that could remove mask requirements for a large swath of vaccinated workers in the state.

Wash. Pot Sellers Wary Of State’s ‘Joints For Jabs’ Rules
Washington state’s cannabis regulator has announced that it will let licensed marijuana sellers hand out pre-rolled joints to adults who receive COVID-19 vaccinations, but an industry group for pot retailers said the state’s rules may be too restrictive to make the plan workable.

US Financial Crime Compliance Costs Surged In 2020: Survey
Projected spending by U.S. financial institutions on financial crime compliance shot up by one-third to $35.2 billion in 2020 compared to the previous year, in part due to “increased due diligence times and costs” brought on by the COVID-19 pandemic, according to a new report that surveyed more than 1,000 compliance professionals globally.

Olympics Cancellation Could Cost Insurers Up To $3B
The global insurance industry could face a financial hit of up to $3 billion if the Tokyo Olympics is canceled next month, adding to the woes of event insurers already reeling from the COVID-19 crisis. 

Coronavirus Litigation: The Week In Review
Food delivery apps have been accused of flouting New York City’s 20% cap on delivery service fees, the owner of StubHub is trying to block certification of a class of ticket buyers seeking refunds for events canceled during the pandemic, and Amazon wants out of a suit alleging it failed to pay workers for time spent on COVID-19 screenings before work. 

HOW COURTS ARE ADAPTING

Coronavirus: The Latest Court Closures And Restrictions
UPDATED June 10, 2021, 5:37 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. 

Delaware Bankruptcy Court Restarts In-Court Hearings
The Delaware bankruptcy court’s latest revised rules amid the ongoing COVID-19 pandemic permit in-court proceedings to be held at the discretion of judges, with parties still encouraged to participate remotely.WHAT

ATTORNEYS NEED TO KNOW

Coronavirus Regulations: A State-By-State Week In Review 
COVID-19 mitigation measures largely nourished the food and beverage industry this past week, which ushered in a restaurant comeback plan in California and free drinks for vaccinated bar patrons in Illinois.

COVID Vaccine IP Waiver Talks Heat Up At The WTO
World Trade Organization members agreed Wednesday to speed up talks over competing proposals to boost global COVID-19 vaccine access, including a hotly contested temporary waiver of intellectual property protections for vaccines.

Policy Swap Bungles Tool For NYC Renters Suing For RepairsNew York City courts have reinstated pre-pandemic policies that are upending a website that thousands of unrepresented tenants have used to sue for apartment repairs since the coronavirus forced matters online, according to the nonprofit that developed the site.

Hotel CEOs See Brighter Biz Outlook As Pandemic Recedes
Top hotel CEOs report that economic conditions are now improving in the lodging industry, especially in the U.S., as it recovers from the worst of the COVID-19 pandemic, saying that hospitality businesses should start to match 2019’s peak revenues by 2023.

NYC Hotel’s COVID Coverage Suit Can’t Avoid Virus Exclusion
The owner of New York City’s Blue Moon Hotel can’t tap into coverage with Travelers for losses from the presence of the coronavirus, a federal judge ruled Tuesday, citing the policy’s virus exclusion.

RI Strip Club’s COVID-19 Coverage Suit Moves Forward
A Providence strip club can proceed with its COVID-19 business interruption suit, a Rhode Island state judge has ruled, saying the owner has sufficiently shown it is entitled to civil authority coverage despite the policy’s virus exclusion.

Hartford Unit Escapes Hospitality Group’s COVID-19 Loss Suit
A Connecticut federal judge has freed an insurance unit of The Hartford from having to pay for a New York hospitality group’s pandemic-related losses, holding that the group’s losses from government closure orders do not trigger the policy’s civil authority coverage.

Lakers Say Insurer Using Strawman To Duck Virus Coverage
The Los Angeles Lakers told a federal judge Thursday that the team’s insurer is misrepresenting its legal arguments in a bid to get a suit over coronavirus business-interruption coverage tossed.

Pa. Buyers Lose Suit Claiming Masks Were Deceptively TaxedA
Pennsylvania federal judge on Monday tossed buyers’ claims that retailers, including Walmart, Home Depot and Big Lots, illegally collected sales tax on nonmedical protective face masks amid the pandemic, ruling that charging sales tax doesn’t amount to deceptive or unfair trade practices under Keystone State law.

Food Delivery Apps Flouting NYC Fee Cap, Suit Claims
Grubhub, DoorDash, Uber Eats, Postmates and Seamless were hit with a proposed class action on Monday, alleging that they’ve been “bleeding New York City’s restaurants dry” throughout the coronavirus pandemic by imposing delivery service fees that exceed the city’s 20% cap.

EXPERT ANALYSIS

How COVID Could Worsen The US Construction Defect Crisis
The COVID-19 pandemic has created market conditions that may aggravate the decadeslong construction defect crisis in the American housing market due to supply chain disruptions, skilled labor shortages and time crunches, say attorneys at Ball Janik.

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