Welcome to the first 2021 edition of Unprecedented. Although a new year brings new hopes for vaccinations and a swift end to the COVID-19 pandemic, a sober assessment of the state of affairs suggests we are months out, at...more
This 35th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us discussing yet more shutdown challenges, nursing home wrongful-death cases, landlord-tenant disputes, and tuition-refund claims....more
12/10/2020
/ Business Interruption ,
Colleges ,
Coronavirus/COVID-19 ,
Emergency Orders ,
Executive Orders ,
Financial Stimulus ,
Gross Negligence ,
Nursing Homes ,
Relief Measures ,
Religious Institutions ,
State of Emergency ,
Wrongful Death
This 27th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us start with a discussion of a trend toward class actions, with later discussions on two key areas -- insurance coverage disputes and...more
10/13/2020
/ Audits ,
Business Closures ,
Business Interruption ,
Civil Liability ,
Class Action ,
Colleges ,
Coronavirus/COVID-19 ,
Criminal Convictions ,
Denial of Insurance Coverage ,
Emergency Powers ,
Executive Orders ,
Firemen ,
Governor Hogan ,
Governor Whitmer ,
Governor Wolf ,
Meat Processing Plants ,
MI Supreme Court ,
Nursing Homes ,
Occupational Exposure ,
Patent Infringement ,
Public Health Emergency ,
Refunds ,
SCOTUS ,
Shelter-In-Place ,
Sick Employees ,
Students ,
Tuition ,
Universities ,
Waivers ,
Workplace Safety ,
Wrongful Death
This 24th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a flurry of activity around government restrictions on mass gatherings and business operations -- including a significant ruling from...more
9/23/2020
/ Agricultural Workers ,
Bars ,
Business Closures ,
Citations ,
Class Action ,
Colleges ,
Coronavirus/COVID-19 ,
Due Process ,
Executive Orders ,
Farmers ,
First Amendment ,
Fourteenth Amendment ,
Government Shutdown ,
Governor DeWine ,
Governor Wolf ,
Immigrants ,
Immunity ,
Masks ,
Meat Processing Plants ,
Nursing Homes ,
OSHA ,
Political Speech ,
Public Gatherings ,
Reimbursements ,
Restaurant Industry ,
Right to Peaceful Assembly ,
Shelter-In-Place ,
Students ,
Tuition ,
Universities ,
Virus Testing ,
Workplace Safety
COVID-19 and Unprecedented: Litigation Insights, Issue 23 -
This 23rd edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us returning from a brief Labor Day break. The spate of lawsuits...more
9/18/2020
/ Breach of Contract ,
Colleges ,
Constitutional Challenges ,
Cruise Ships ,
Denial of Insurance Coverage ,
Employer Liability Issues ,
Executive Orders ,
Government Shutdown ,
Governors ,
Insurance Litigation ,
Negligence ,
Nursing Homes ,
Price Gouging ,
Retaliation ,
Universities ,
Workplace Safety
COVID-19 and Unprecedented: Litigation Insights, Issue 22
In our 22nd edition of Unprecedented, our weekly update on COVID-19-related litigation, we see cases against employers continue to rise, and offer insight for...more
9/2/2020
/ Americans with Disabilities Act (ADA) ,
Business Closures ,
Centers for Disease Control and Prevention (CDC) ,
Civil Liability ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Dilution ,
Dismissals ,
Emergency Orders ,
Employer Liability Issues ,
Executive Orders ,
Facebook ,
False Designation of Origin ,
Family and Medical Leave Act (FMLA) ,
Governor Evers ,
Governor Northam ,
Instagram ,
Masks ,
OSHA ,
Refunds ,
Remote Learning ,
Students ,
Trademark Infringement ,
Tuition ,
Universities ,
VA Supreme Court ,
Workers' Compensation Claim ,
Workplace Safety ,
Wrongful Death
This 21st edition of Unprecedented, our weekly update on COVID-19-related litigation, pairs defense victories with new claims. Lenders obtained the dismissal of a lawsuit claiming agent fees under the PPP program, and...more
8/27/2020
/ Agricultural Workers ,
Amazon ,
Bars ,
Borrowers ,
Breach of Contract ,
Business Closures ,
CARES Act ,
Civil Authority Coverage ,
Civil Rights Act ,
Contamination ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Dismissals ,
Executive Orders ,
Farms ,
Finder's Fees ,
Health Care Providers ,
Infectious Diseases ,
Injunctions ,
Lenders ,
Local Ordinance ,
Masks ,
Mediation ,
Online Education ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Price Gouging ,
Property Damage ,
Public Gatherings ,
Sanitation ,
School Closures ,
Sick Customers ,
Small Business Loans ,
State and Local Government ,
Third-Party ,
Universities ,
Unjust Enrichment ,
Virus Testing ,
Workplace Decontamination ,
Workplace Safety ,
Wrongful Death
This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more
8/20/2020
/ Administrative Procedure Act ,
All-Risks Insurance ,
Business Closures ,
Business Interruption ,
Case Consolidation ,
Civil Authority Coverage ,
Civil Liability ,
Constitutional Challenges ,
Consumer Fraud ,
Contract Terms ,
Coronavirus/COVID-19 ,
Court Schedules ,
Denial of Insurance Coverage ,
Department of Justice (DOJ) ,
Dismissals ,
Employer Liability Issues ,
Eviction ,
Executive Orders ,
Family Members ,
Government Shutdown ,
Governor Cooper ,
Gross Negligence ,
Immigration Attorneys ,
Insurance Industry ,
Landlords ,
Legislative Agendas ,
Masks ,
Meat Processing Plants ,
Moratorium ,
Motion to Dismiss ,
Multidistrict Litigation ,
Personal Protective Equipment ,
Property Insurance ,
Public Health Emergency ,
Sick Employees ,
State Attorneys General ,
State Legislatures ,
Tenants ,
VA Supreme Court ,
Virus Testing ,
Voluntary Withdrawal ,
Willful Misconduct ,
Workplace Safety ,
Wrongful Death
As we continue our weekly update on COVID-19 related litigation, we have decided that this 19th issue of Unprecedented is the most fitting time for a format change to make viewing our content easier. Now, all content is...more
8/14/2020
/ Business Closures ,
Business Interruption ,
Case Consolidation ,
Chase Bank ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Criminal Contempt ,
Denial of Insurance Coverage ,
Due Process ,
Employer Liability Issues ,
Equal Protection ,
Executive Orders ,
Government Shutdown ,
Governor Cuomo ,
Governor Pritzker ,
Masks ,
Multidistrict Litigation ,
Occupational Exposure ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Political Parties ,
Public Gatherings ,
Public Health Emergency ,
Re-Opening Guidelines ,
Restaurant Industry ,
Sick Employees ,
Social Distancing ,
Statutory Immunity ,
Tyson Foods ,
Waiver of Liability ,
Workplace Safety
This 18th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us return to what, even in these early days of the pandemic, must be considered as some of the hottest topics. Thus, we discuss new...more
8/5/2020
/ All-Risks Insurance ,
American Medical Association ,
Bars ,
Business Closures ,
Business Interruption ,
Casinos ,
Centers for Disease Control and Prevention (CDC) ,
Civil Liability ,
Class Action ,
Colleges ,
Commercial Leases ,
Commercial Tenants ,
Constitutional Challenges ,
Contracts Clause ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Due Process ,
Eviction ,
Executive Orders ,
Fourteenth Amendment ,
Government Lockdown ,
Gross Negligence ,
Immunity ,
Injunctive Relief ,
Landlords ,
Legitimate State Interest ,
Moratorium ,
Occupational Exposure ,
Property Damage ,
Public Health Emergency ,
Remote Learning ,
Restaurant Industry ,
School Closures ,
State Health Departments ,
Students ,
Takings Clause ,
Universities ,
Waiver of Liability ,
Workplace Safety
This 17th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses everything from insurance coverage disputes to statewide shutdown orders. Despite an uphill climb towards liability, businesses...more
7/30/2020
/ Breach of Contract ,
Business Closures ,
Business Losses ,
Civil Liability ,
Class Action ,
Colleges ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Economic Sanctions ,
Employer Liability Issues ,
Executive Orders ,
Federal Funding ,
Free Exercise Clause ,
Government Shutdown ,
Governor Sisolak ,
Governor Wolf ,
Hospitality Industry ,
Immunity ,
Infectious Diseases ,
Occupational Exposure ,
OSHA ,
Popular ,
Refunds ,
Remote Learning ,
Restaurant Industry ,
State and Local Government ,
Tuition ,
Universities ,
Workplace Injury ,
Wrongful Death ,
Wrongful Withholding
This 15th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. This week we note how COVID-19 has accelerated a pre-existing trend toward class action litigation. And...more
7/19/2020
/ Airlines ,
American Civil Liberties Union (ACLU) ,
Business Closures ,
Business Interruption ,
Casino Employee ,
Casinos ,
Class Action ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Cruel & Unusual Punishment ,
Denial of Insurance Coverage ,
Disability Discrimination ,
Enforcement Actions ,
Entertainment Venues ,
Executive Orders ,
Exemptions ,
Failure to Comply ,
Government Lockdown ,
Gym Memberships ,
Health Care Providers ,
Hospitality Industry ,
Hotels ,
Infectious Diseases ,
Injunctive Relief ,
Limitation of Liability Clause ,
Masks ,
Personal Protective Equipment ,
Popular ,
Prisoners ,
Private Schools ,
Public Nuisance ,
Quarantine ,
Refunds ,
Shelter-In-Place ,
Sick Employees ,
Social Distancing ,
Trump Administration ,
Unions ,
Universities ,
Workplace Safety
This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more
7/13/2020
/ Arbitrary and Capricious ,
Austria ,
Bars ,
Board of Education ,
Class Action ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Disparate Impact ,
Due Process ,
Emergency Management Plans ,
Equal Protection ,
Eviction ,
Executive Orders ,
Failure To Protect ,
First Responders ,
Florida ,
Free Speech ,
Government Shutdown ,
Governor Cuomo ,
Governor Pritzker ,
Infectious Diseases ,
Injunctive Relief ,
Kid Rock ,
Lack of Authority ,
Landlords ,
Liquor Licences ,
Local Ordinance ,
Long Term Care Facilities ,
Masks ,
Medical Monitoring ,
Moratorium ,
Negotiations ,
New York ,
Non-Essential Businesses ,
Nursing Homes ,
On-Call Employees ,
Parental Rights ,
Pennsylvania ,
Permanent Bans ,
Personal Protective Equipment ,
Protests ,
Public Schools ,
Rent ,
Restaurant Industry ,
Right to Privacy ,
San Francisco ,
Social Distancing ,
State Constitutions ,
State Health Departments ,
State of Emergency ,
Students ,
Takings Clause ,
Teachers ,
Tenants ,
Tennessee ,
Texas ,
Tourism ,
Wage and Hour ,
Workplace Decontamination