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
Welcome to 2020's second edition of Product Lines, our e-newsletter that focuses on toxic torts and product liability issues.
For this edition, we are reporting on several important and timely legal issues. As you will...more
8/17/2020
/ Bayer ,
Class Action ,
Class Certification ,
Climate Change ,
Consumer Fraud ,
Consumer Product Companies ,
Coronavirus/COVID-19 ,
E-Commerce ,
Food and Drug Administration (FDA) ,
IKEA ,
Misrepresentation ,
NJ Supreme Court ,
Pharmaceutical Industry ,
Product Defects ,
Product Recalls ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Settlement Agreements ,
Toxic Exposure ,
Vaccinations ,
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 16th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses claims ranging from insurance coverage disputes to prisoners’ rights. The top story this week, however, is undoubtedly a Michigan...more
7/23/2020
/ Business Interruption ,
Civil Authority Coverage ,
Civil Monetary Penalty ,
College Athletes ,
Confrontation Clause ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Court Schedules ,
Criminal Procedure ,
Cruise Ship Passengers ,
Cruise Ships ,
Denial of Insurance Coverage ,
Disgorgement ,
Dismissal With Prejudice ,
Dismissals ,
Emergency Orders ,
Governor Wolf ,
Injunctive Relief ,
Insurance Brokers ,
Masks ,
Negligence ,
Negligent Infliction of Emotional Distress ,
NFL ,
OSHA ,
Policy Exclusions ,
Price Gouging ,
Prisoners ,
Property Damage ,
Restitution ,
Safety Standards ,
School Sports ,
State Attorneys General ,
Student Athletes ,
Unfair or Deceptive Trade Practices ,
Video Recordings ,
Videoconference ,
Virtual Litigation ,
Witnesses ,
Writ of Habeus Corpus ,
Writ of Mandamus ,
Zone of Danger Test
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
This 13th edition of Unprecedented, our weekly update on COVID-19-related litigation brings new developments in everything from constitutional law to tort liability. Shutdown cases show no signs of slowing down, and it seems...more
6/29/2020
/ Breach of Contract ,
Business Closures ,
Commercial Leases ,
Commercial Tenants ,
Contract Disputes ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Event Cancellation ,
Fifth Amendment ,
Fourteenth Amendment ,
Health and Safety ,
Landlords ,
Refunds ,
Workplace Safety
This 12th edition of Unprecedented, our weekly update on COVID-19-related litigation brings new developments in labor and employment cases, consumer protection cases, and civil rights litigation. Price gouging and fraud for...more
6/22/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Event Cancellation ,
Fraud ,
Loan Applications ,
Masks ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Price Gouging ,
Public Health ,
Refunds ,
Vendors
This 11th edition of Unprecedented, our weekly update on COVID-19-related litigation, identifies news reports placing the number of COVID-19 filings at around 2,700, with insurance coverage disputes former the single largest...more
6/16/2020
/ Business Interruption ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Cruise Ships ,
Elder Care ,
Emotional Distress Damages ,
Employer Liability Issues ,
Employment Litigation ,
Insurance Industry ,
Insurance Litigation ,
Multidistrict Litigation ,
Nursing Homes ,
Paycheck Protection Program (PPP) ,
Pharmaceutical Industry ,
Police Power ,
Prison ,
Prisoners ,
Public Health ,
State Constitutions ,
State Legislatures ,
Vaccinations ,
Wrongful Death
This tenth edition of Unprecedented, our weekly update on COVID-19-related litigation, finds us reporting fewer shutdown-related cases than in previous weeks, suggesting that these cases are winding down as the country opens...more
6/8/2020
/ Business Closures ,
Commercial Leases ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Health and Safety ,
Infectious Diseases ,
Insurance Litigation ,
Masks ,
Multidistrict Litigation ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Prisoners ,
Rent ,
School Closures ,
State and Local Government
Welcome to our first Product Lines issue of 2020. Product Lines is our quarterly e-newsletter that focuses on toxic torts and product liability issues.
For this edition, we are reporting on several important and timely...more
2/19/2020
/ Air Pollution ,
Airlines ,
Celebrities ,
Class Action ,
Climate Change ,
Complex Litigation ,
Construction Defects ,
Denial of Certiorari ,
Design Defects ,
False Advertising ,
Flight Crews ,
Flint Water Crisis ,
Food and Drug Administration (FDA) ,
Global Warming ,
Homeowners ,
Hurricane Katrina ,
Motion to Dismiss ,
Nonprofits ,
Personal Liability ,
Product Defects ,
SCOTUS ,
Sovereign Immunity ,
Standing ,
Toxic Chemicals ,
Toxic Exposure
Welcome -
Welcome to the fourth 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and product liability issues.
For this edition, we are reporting on several important and timely legal...more
12/20/2019
/ 3D Printing ,
Acquittals ,
Certiorari ,
Climate Change ,
Counterfeiting ,
Cybersecurity ,
Driverless Cars ,
Exxon Mobil ,
FDA Commissioner ,
Gun Laws ,
Innovative Technology ,
Legislative Agendas ,
Medical Devices ,
Mootness ,
Pharmaceutical Industry ,
Prescription Drugs ,
Presidential Nominations ,
Product Defects ,
Product Recalls ,
Public Safety ,
SCOTUS ,
Second Amendment ,
Securities Fraud ,
Senate Confirmation Hearings ,
Software ,
Third-Party Service Provider
Welcome to the third 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues....
In This Edition:
- Vitamin E Found in Cannabis-Containing Vape Products Linked...more
10/1/2019
/ Automotive Industry ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Conflicts of Laws ,
E-Cigarettes ,
Electric Vehicles ,
Failure To Warn ,
Federal Bans ,
Federal v State Law Application ,
Food and Drug Administration (FDA) ,
Fuel Efficiency ,
Judges ,
Jury Trial ,
Merck Sharp & Dohme Corp. v. Albrecht ,
Preemption ,
Prescription Drugs ,
Product Defects ,
SCOTUS ,
State Bans ,
States Rights ,
Toxic Exposure ,
Trump Administration ,
Vaping ,
Wrongful Death ,
Zero-Emission Vehicles
Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues.
For this edition, we are reporting on several important and timely legal issues. As...more
7/2/2019
/ Amazon ,
Asbestos ,
Bodily Injury ,
British Petroleum (BP) ,
Certiorari ,
Class Action ,
Class Certification ,
Clean-Up Costs ,
Commonality ,
Contaminated Properties ,
Damages ,
Environmental Protection Agency (EPA) ,
Environmental Remediation Costs ,
Expert Witness ,
Failure To Warn ,
FRCP 23 ,
Groundwater ,
Johnson & Johnson ,
Jury Trial ,
Jury Verdicts ,
Kelly-Frye Test ,
Manufacturers ,
Monsanto ,
Negligence ,
PA Supreme Court ,
Product Defects ,
Property Damage ,
Residential Property Owners ,
SCOTUS ,
Sellers ,
Soil ,
Superfund ,
Third-Party Liability ,
Toxic Chemicals ,
Toxic Exposure ,
Witnesses ,
WV Supreme Court
Welcome to the first 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues.
For this edition, we are reporting on several important and timely legal issues. As...more
4/3/2019
/ Amicus Briefs ,
Animal Food ,
Basketball ,
Class Action ,
Class Certification ,
Climate Change ,
College Athletes ,
CT Supreme Court ,
Decriminalization of Marijuana ,
Denial of Insurance Coverage ,
Design Defects ,
Energy Sector ,
Environmental Violations ,
Federal v State Law Application ,
Gun Manufacturers ,
Jurisdiction ,
Manufacturing Defects ,
Marijuana Related Businesses ,
Motion to Dismiss ,
Motion To Strike ,
Nike ,
Oil & Gas ,
Product Defects ,
Protection of Lawful Commerce in Arms Act (PLCCA) ,
Sandy Hook ,
Toxic Exposure ,
Trump Administration ,
Unfair Trade Practices Act ,
Wrongful Death
Welcome to the third issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues.
For this edition, we are reporting on several important and timely legal issues. As you...more
12/21/2018
/ Clean Water Act ,
Contamination ,
Corporate Misconduct ,
Criminal Investigations ,
FDA De Novo Clearance ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Poisoning ,
Food Recalls ,
Groundwater ,
Medical Devices ,
Patient Safety ,
PG&E ,
Product Defects ,
Public Safety ,
Toxic Exposure
Welcome to our inaugural issue of Product Lines—our e-newsletter focusing on toxic torts and products liability news and issues. As we all know, there are many issues that arise in this complex area of the law every day. We...more
5/31/2018
/ Asbestos ,
Beryllium Exposure ,
Case Consolidation ,
Civil Liability ,
Class Action ,
Class Certification ,
Consumer Fraud ,
Dismissals ,
Employer Liability Issues ,
Environmental Protection Agency (EPA) ,
Expert Testimony ,
False Advertising ,
Generic Drugs ,
Guidance Update ,
Innovator Liability ,
Manufacturers ,
Pharmaceutical Industry ,
Remand ,
Removal ,
Take-Home Exposure ,
Toxic Chemicals ,
Toxic Exposure ,
Toxic Substances Control Act (TSCA) ,
WV Supreme Court
The 2017 regular session of the West Virginia Legislature saw several changes in laws relevant to employers. Changes of interest to employers include the West Virginia Safer Workplace Act, Second Chance for Employment Act,...more
6/14/2017
/ Construction Industry ,
Criminal Convictions ,
Drug Testing ,
Legislative Agendas ,
Medical Marijuana ,
Misdemeanors ,
Negligent Hiring ,
Non-Compete Agreements ,
Payment Bonds ,
Physicians ,
Right to Privacy ,
Right to Work ,
Sentence Reduction ,
State Labor Laws ,
Strike ,
Unemployment Insurance ,
Unions ,
Wage and Hour ,
Workplace Safety
The West Virginia Legislature ended its 2017 session with a few changes employers should be aware of, including updates to medical marijuana laws, questions you can and can't ask when hiring, and more. In this webinar,...more
Editor's Note -
Welcome to the second quarter edition of SuperVision, the e-newsletter of Spilman Thomas & Battle's Labor & Employment Group. The look of SuperVision may have changed, but the goal remains the same: to...more
6/9/2017
/ Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Interpretive Opinions ,
Joint Employers ,
Legislative Agendas ,
Medical Marijuana ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Misclassification ,
NLRA ,
NLRB ,
Secretary of Labor ,
Sexual Orientation Discrimination ,
Workplace Safety