This eighth edition of Unprecedented, our weekly update on COVID-19-related litigation, follows what we hope was a restful and meaningful Memorial Day weekend. For the third week in a row, shutdown challenges, workers'...more
5/28/2020
/ Appeals ,
Churches ,
Civil Liability ,
Class Action ,
Compelling Governmental Interest ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Court Schedules ,
Cruise Ships ,
Death Penalty ,
Emergency Management Plans ,
Employer Liability Issues ,
Executive Orders ,
First Amendment ,
Fraud ,
Freedom of Religion ,
Government Lockdown ,
Governor Brown ,
Governor Northam ,
Governor Pritzker ,
Governor Sisolak ,
Governor Whitmer ,
Healthcare Workers ,
LegalZoom ,
Nursing Homes ,
Personal Protective Equipment ,
Political Parties ,
Preliminary Injunctions ,
Public Health Emergency ,
Refunds ,
Shelter-In-Place ,
Sick Employees ,
Stays ,
Tuition ,
Universities ,
Workers' Compensation Claim ,
Workplace Safety ,
Wrongful Death
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
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