Welcome to our third volume of Unprecedented. While we would like to retire this publication because COVID-19 has been eradicated and all litigation has withered away, we all know that is not the case. If anything, COVID-19...more
1/10/2022
/ Amazon ,
Biometric Information ,
Biometric Information Privacy Act ,
Business Interruption ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Gross Negligence ,
NHL ,
Tyson Foods ,
Whistleblowers ,
Workplace Safety
DeSantis May Strip Lawsuit Protection from Businesses Requiring COVID-19 Vaccinations -
"Thus far, the administration has identified around 120 businesses, big and small, and local governments that it may seek penalties...more
Vaccine mandates and return-to-work scenarios seem to be the hot topics of the day, and with all hot topics, along comes litigation. Along with litigation, comes serious discussions by employers and organizations about how...more
9/20/2021
/ Americans with Disabilities Act (ADA) ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Remote Working ,
StubHub ,
Telecommuting ,
Unions ,
Vaccinations ,
Workplace Safety
Welcome to the tenth issue of the 2021 edition of Unprecedented. The big news from the past two weeks was the Center for Disease Control’s announcement of new guidance allowing fully vaccinated individuals to go unmasked in...more
Welcome to the sixth issue of the 2021 edition of Unprecedented. The United States recently cleared the 3,000,000 daily vaccination threshold, a significant marker in efforts to have every eligible American vaccinated by...more
Welcome to the fourth issue of the 2021 edition of Unprecedented. For decades, asbestos lawyers have dealt with so-called secondary exposure claims where plaintiffs allege that they were injured by asbestos fibers carried...more
Welcome to the third issue of the 2021 volume of Unprecedented. Those who watched the Super Bowl last night would have seen several signs of the times: recognition of the 7,500 vaccinated healthcare workers in attendance,...more
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
In addition to the familiar lawsuits that we have been seeing since the pandemic started this spring, there have been new developments with the Pennsylvania Legislature, the Supreme Court of the United States, a major sports...more
12/15/2020
/ American Civil Liberties Union (ACLU) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Governor Vetoes ,
Gross Negligence ,
Immunity ,
Infectious Diseases ,
Jury Trial ,
OSHA ,
Personal Protective Equipment ,
Religious Discrimination ,
Social Distancing ,
State and Local Government ,
Willful Misconduct ,
Workplace Safety
How quickly things change. This, perhaps more than anything else, encapsulates the world of COVID-19 and the related litigation. Between Issue 31 and Issue 32 of Unprecedented, the United States has seen its reported COVID-19...more
11/17/2020
/ All-Risks Insurance ,
Business Interruption ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Employment Policies ,
First Amendment ,
Fourth Amendment ,
Governor Carney ,
Infectious Diseases ,
Personal Protective Equipment ,
Race Discrimination ,
Religious Institutions ,
Workplace Safety ,
Wrongful Death
In this 30th issue of Unprecedented, our weekly update on COVID-19-related litigation, we continue to see cases challenging shutdown orders and capacity limits from restaurant and other business owners, including a possible...more
11/2/2020
/ Business Closures ,
Business Interruption ,
Class Action ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Disney ,
Employer Liability Issues ,
Eviction ,
Governor Newsom ,
Health and Safety ,
Infectious Diseases ,
Moratorium ,
OSHA ,
Popular ,
Property Damage ,
Public Health Emergency ,
Restaurant Industry ,
Workplace Safety
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 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 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
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
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