This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits...more
5/22/2020
/ Appeals ,
Business Closures ,
Commerce Clause ,
Compelling Governmental Interest ,
Conflicts of Laws ,
Constitutional Challenges ,
Contracts Clause ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Department of Education ,
Elective Surgical Procedures ,
Employer Liability Issues ,
Equal Protection ,
Establishment Clause ,
Fraud ,
Free Exercise Clause ,
Free Speech ,
Freedom of Religion ,
Government Lockdown ,
Governor Cooper ,
Governor Cuomo ,
Governor Newsom ,
Governor Northam ,
Governor Pritzker ,
Governor Whitmer ,
Health Care Providers ,
Injunctive Relief ,
Lack of Authority ,
Landlords ,
Local Ordinance ,
Meat Processing Plants ,
Moratorium ,
Nursing Homes ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Political Parties ,
Preemption ,
Public Health Emergency ,
Social Distancing ,
Split of Authority ,
State Legislatures ,
Student Loans ,
Takings Clause ,
Tesla ,
TRO ,
Wage Garnishment ,
Workplace Safety ,
Wrongful Death
This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more
5/14/2020
/ Business Closures ,
Business Interruption ,
CARES Act ,
Civil Authority Coverage ,
Collective Bargaining ,
Commercial Speech ,
Constitutional Challenges ,
Contracts Clause ,
Coronavirus/COVID-19 ,
Cruise Ships ,
Debt Collectors ,
Due Process ,
Emergency Powers ,
Equal Protection ,
Fifth Amendment ,
First Amendment ,
Fourteenth Amendment ,
Fraud ,
Free Exercise Clause ,
Free Speech ,
Government Shutdown ,
Governor Cuomo ,
Governor Whitmer ,
Gross Negligence ,
Injunctive Relief ,
Jones Act ,
Meat Processing Plants ,
Negligence ,
OSHA ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Price Gouging ,
Primary Elections ,
Public Health Emergency ,
Refunds ,
Rental Property ,
Right to Peaceful Assembly ,
SCOTUS ,
Second Amendment ,
Shelter-In-Place ,
Short-Term Lease ,
Takings Clause ,
Trademark Infringement ,
Universities ,
Whistleblowers ,
Workplace Safety ,
Wrongful Death
In this webinar, Spilman Members Niall Paul and Joseph Schaeffer discuss the developing risks and civil liabilities associated with COVID-19 and operating businesses including wrongful death or personal injury claims relating...more
5/1/2020
/ Business Operations ,
Civil Liability ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Fifth Amendment ,
Health and Safety ,
Immunity ,
Operators of Essential Services ,
Personal Protective Equipment ,
Regulatory Takings ,
Risk Mitigation ,
Takings Clause ,
Workplace Safety ,
Wrongful Death
Another week brings another round of COVID-19-related lawsuits. Even after a month, we already can identify some early trends: refund lawsuits and second amendment claims continue to boom. A rise in takings claims may signal...more
4/22/2020
/ Airlines ,
Anti-Monopoly ,
Business Closures ,
CARES Act ,
Civil Authority Coverage ,
Class Action ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Delivery Drivers ,
Department of Labor (DOL) ,
Employment Litigation ,
Environmental Litigation ,
Environmental Policies ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Northam ,
Non-Essential Businesses ,
PA Supreme Court ,
Paycheck Protection Program (PPP) ,
Popular ,
Private Resales ,
Refunds ,
Second Amendment ,
Takings Clause ,
Trademark Infringement ,
Wage and Hour
In the face of governmental orders shutting down businesses, redirecting business efforts and assets, and even seizing business property to redistribute to others, we are seeing more and more questions about the limits of...more
4/14/2020
/ Business Closures ,
Business Property ,
Condemnation ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Due Process ,
Fifth Amendment ,
First Amendment ,
Fourteenth Amendment ,
Freedom of Religion ,
Government Lockdown ,
Governor Wolf ,
Inverse Condemnation ,
Just Compensation ,
Layoffs ,
Non-Essential Businesses ,
Personal Property ,
Personal Protective Equipment ,
Regulatory Takings ,
Right to Peaceful Assembly ,
State of Emergency ,
Takings Clause
First wrongful death lawsuit from COVID-19 filed against employer. Despite Walmart taking extensive measures to protect "associates and customers, including additional cleaning measures, installing sneeze guards at...more
4/10/2020
/ Business Closures ,
Business Interruption ,
Class Action ,
Condemnation ,
False Advertising ,
Fifth Amendment ,
First Amendment ,
Fourteenth Amendment ,
Freedom of Religion ,
Government Lockdown ,
Gun Laws ,
Injunctive Relief ,
Just Compensation ,
Prisoners ,
Private Property ,
Refunds ,
Right to Peaceful Assembly ,
School Closures ,
Second Amendment ,
Takings Clause ,
Unfair or Deceptive Trade Practices ,
Unlawful Aliens ,
Workplace Decontamination ,
Wrongful Death