In Association of American Physicians & Surgeons v. United States Food and Drug Administration (“AAPS”), __ F.4th __, 2021 WL 4097325 (6th Cir. Sept. 9, 2021), the Sixth Circuit Court of Appeals recently cast doubt on the...more
Almost exactly a year ago, the first COVID-19 tuition reimbursement lawsuits were filed against higher education institutions across the United States and we warned of the continued onslaught of such litigation. With the...more
On Dec. 9, 2020, the U.S. District Court for the Eastern District of Virginia issued a favorable ruling for policyholders related to COVID-19 business interruption claims. The case is Elegant Massage, LLC v. State Farm Mutual...more
Earlier this year, we posted a three-part series on the Coronavirus and Class Action litigation (Part One, Part Two, and Part Three of our Coronavirus and Class Action litigation series). More recently, and almost a month...more
The Consumer Product Safety Commission (CPSC) has posted a webpage that purports to provide guidance on COVID-19-related consumer products. The CPSC’s new COVID-19 guidance covers two general categories...more
Plaintiffs’ attorneys have started filing personal injury cases on behalf of employees and customers, including wrongful death claims and class actions. A review of the cases filed to date reveals that the core allegation in...more
In response to governmental recommendations, stay-at-home orders, and shelter-in-place orders, colleges and universities transitioned to distance learning to keep their students, staff, visitors, and communities safe and...more
As the initial round of state and local “stay-at-home” and “shelter-in-place” orders expires, and businesses start to reopen, business owners should be aware of the potential liability they face as a result of the COVID-19...more
For those who haven’t previously been following, this is our third installment on COVID-19 class actions. The first installment was prospective and authored prior to any filed class actions. The second installment examined...more
It has been a few weeks since we first posted about class actions and COVID-19. In that initial article, we analyzed the first coronavirus related lawsuit but were forced to prognosticate as to what an actual COVID-19 class...more
On March 26, 2020, the U.S. Environmental Protection Agency (EPA) announced it may ease enforcement of environmental legal obligations during the COVID-19 national emergency. Though some incorrectly interpreted this...more
On March 26, 2020, the U.S. Environmental Protection Agency announced it may ease enforcement of environmental legal obligations during the COVID-19 national emergency. Though some have incorrectly interpreted this...more
In the midst of the coronavirus (COVID-19) pandemic, health authorities and federal, state, and local governments have issued proclamations, states of emergency, recommendations, and orders affecting the assembly and movement...more