507 results for 'cat:"Covid-19"'.
J. Hurd tosses a self-represented New York State Thruway employee’s discrimination and retaliation complaint, finding it fails to allege the agency’s decision to issue him several warnings for refusing to wear a mask around employees during the Covid-19 pandemic, which led to a negative performance review, was motivated by either discriminatory or retaliatory animus.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: March 11, 2024, Case #: 6:22cv337, NOS: Other Labor Litigation - Labor, Categories: covid-19, Employment Discrimination, Employment Retaliation
J. Livingston finds that the district court properly denied an application for U.S. discovery for use in France in a nonprofit association's challenge to a 2020 advance purchase agreement between Covid-19 vaccine developers and the European Commission. The appellate court rebuffed arguments on the hold harmless provisions on grounds that Belgium was the proper jurisdiction, and thus discovery would not be of practical use unless further appeals were accepted to the French high court. The request may be refiled since the U.S. dismissal was made without prejudice. Affirmed.
Court: 2nd Circuit, Judge: Livingston, Filed On: March 11, 2024, Case #: 23-380, Categories: International Law, Discovery, covid-19
J. Keenan finds the lower court improperly granted class certification to the massage parlors. The parlors lost money during the pandemic when they were closed to avoid the spread of COVID-19. To receive insurance benefits, the parlors would have had to suffer from physical material destruction or material harm to their business. Reversed.
Court: 4th Circuit, Judge: Keenan, Filed On: March 8, 2024, Case #: 22-1853, Categories: Insurance, covid-19, Contract
J. Guaderrama dismisses an ADA lawsuit brought by a citizen against a food bank over its requirement that he wear a mask at the food bank because that requirement is no longer in place and therefore, as the citizen concedes, his claim his moot.
Court: USDC Western District of Texas , Judge: Guaderrama, Filed On: March 7, 2024, Case #: 3:21cv55, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, covid-19
J. Pohlman finds that the State Tax Commission properly rejected taxpayers' argument that the Covid-19 pandemic entitled them to an adjustment to the fair market value of their properties for the tax year 2020 under the Access Interruption Statute. The pandemic was not a qualifying event under the law, and the list of qualifying events may only be expanded through promulgation by the Commission after it determines an additional event is similar to the 13 legislatively enumerated events. Affirmed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: March 7, 2024, Case #: 20220345, Categories: Property, Tax, covid-19
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J. Viramontes finds that the trial court properly rejected an event promoter's claim that the force majeure provision in a booking contract required musical artists to refund deposits they received before the Covid-19 pandemic and related government restrictions forced the event's cancellation. The pandemic and the cancellation met two requirements for a refund under the force majeure provision, but the provision provides an exception where the artists keep the deposits if they were "ready, willing, and able to perform" despite a force majeure event. Affirmed.
Court: California Courts Of Appeal, Judge: Viramontes, Filed On: March 6, 2024, Case #: B323977, Categories: covid-19, Contract
J. Russell grants, in part, a retirement communities’ motion to dismiss allegations of religious discrimination, retaliation, Genetic Information Nondiscrimination Act violations and ADA violations when they imposed a Covid-19 vaccine mandate for all employees brought by former employee. The employee states she submitted medical and religious exemption requests before she was fired for not complying with the mandate. She fails to exhaust her remedies for the GINA and ADA retaliation claims. The rest of the claims are denied, and the communities must answer the complaint as required by the Federal Rules of Civil Procedure and this court’s local rules.
Court: USDC Maryland, Judge: Russell, Filed On: March 6, 2024, Case #: 1:23cv12221, NOS: Employment - Civil Rights, Categories: Ada / Rehabilitation Act, covid-19, Employment Retaliation
J. Wood finds that the trial court properly ruled in battery claims brought against the school board after a minor was administered a Covid-19 vaccine without parental authorization because the school board is entitled to immunity under the Public Readiness and Emergency Preparedness Act. Affirmed.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: March 5, 2024, Case #: COA23-487, Categories: Immunity, Negligence, covid-19
J. Ransom quashes this court's preliminary writ of mandamus in a wrongful death suit against a rehab center. The patient's family contract with the rehab center for a private room, but placed the patient with a roommate in November 2020, causing her to contract Covid-19 and die. There is no merit to the center's claim that the suit is barred by the Public Readiness and Emergency Preparedness Act, as the complaint never mentions the center's Covid-19 testing procedures as contributing to the patient's death.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: March 5, 2024, Case #: SC100099, Categories: Immunity, Wrongful Death, covid-19
J. Budd confirms a former employee’s eligibility for unemployment benefits after she was fired by her employer for refusing the Covid-19 vaccines on religious grounds. The employee did not engage in deliberate misconduct because she tried to comply with her employer’s policy by using its application process in place to apply for a religious exemption. Affirmed.
Court: Massachusetts Supreme Court, Judge: Budd, Filed On: March 4, 2024, Case #: SJC-13440, Categories: Employment, covid-19
J. Long grants requests by two wholesale and retail car sales businesses to seal records because of unspecified information in a contract suit. The heavily redacted ruling indicates the widow of the founder of one business sued the other business on behalf of herself and their minor children for failure to pay $1.6 million required by an agreement. The resulting financial pressure allegedly caused the business founder to take his own life in 2022.
Court: USDC Eastern District of Louisiana , Judge: Long, Filed On: March 1, 2024, Case #: 2:23cv1885, NOS: Insurance - Contract, Categories: Jury, Business Practices, covid-19
J. Miller finds that the trial court improperly awarded $492,945 to the former university football coach who sued after he was terminated for violating NCAA recruiting rules when he visited with a prospect in person during a Covid-19 "dead period" and gave the student LSU gear. There was no requirement in the employment agreement that a final decision by the NCAA was a prerequisite for finding cause existed for the coach's termination. Reversed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: March 1, 2024, Case #: 2023CA0127, Categories: Education, Employment, covid-19
J. McKeown finds that the district court properly entered summary judgment in favor of the Suquamish Tribe in an action brought by several insurance companies seeking a declaratory judgment that the Suquamish Tribal Court did not have subject-matter jurisdiction over the Tribe’s suit for breach of contract concerning its insurance claims for lost business and tax revenue and other expenses after the suspension of business operations during the Covid-19 pandemic. The Tribal Court had subject-matter jurisdiction over the Tribe’s claim against nonmember insurance companies that participated in an insurance program offered exclusively to tribes. Affirmed.
Court: 9th Circuit, Judge: McKeown, Filed On: February 29, 2024, Case #: 22-35784, Categories: Native Americans, Jurisdiction, covid-19
[Consolidated.] J. Petrou holds that that the trial court properly granted summary judgment to the University of San Francisco on the students' claims that it should refund tuition for suspending in-person instruction during the Covid-19 pandemic. The students failed to show the university had promised through either an express or implied contract to provide in-person instruction in all circumstances, including a health and safety emergency. Affirmed.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: February 29, 2024, Case #: A165976, Categories: Education, covid-19, Contract
J. Forrest vacates a district court judgment and remands with instructions to dismiss as moot two cases brought by doctors who challenged California’s now-repealed Assembly Bill 2098, which made it “unprofessional conduct” for a doctor to provide Covid-19-related “disinformation” or “misinformation” to patients California’s repeal of AB 2098 triggers the "presumption of mootness."
Court: 9th Circuit, Judge: Forrest, Filed On: February 29, 2024, Case #: 22-56220, Categories: covid-19
J. Kautz finds that the lower court improperly dismissed claims against the Laramie City Council from a resident who says the council violated the Wyoming Public Meetings Act by holding meetings remotely during Covid-19. The lower court tossed the suit on the grounds that the resident inexcusably delayed his claims that stemmed from activity back in May 2020, but the lower court did not follow the proper procedure for taking judicial notice and its findings were too conclusory. Reversed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: February 28, 2024, Case #: S-23-0149, Categories: Government, covid-19
J. Papillion grants summary judgment to a children’s hospital, dismissing an employee’s Title VII religious discrimination complaint arising from her nine-day suspension for failing to get a Covid-19 vaccination. Her suspension was lifted and accommodations were made after the last of her four affidavits articulated a bona fide religious belief that conflicted with the hospital’s vaccine requirement. The first three sworn statements included largely disjointed legal maxims, bible verses and portions of the Nuremberg Code on human experiments. The successful fourth affidavit finally stated the employee believes she is “a creation of the one true Creator Almighty,” and that “the body is the temple of the Holy Spirit and as such should not be used for medical experimentation.”
Court: USDC Eastern District of Louisiana , Judge: Papillion, Filed On: February 28, 2024, Case #: 2:22cv4757, NOS: Employment - Civil Rights, Categories: Evidence, Health Care, covid-19
J. Aoyagi finds trial court properly dismissed complaints as time-barred. The court “correctly construed HB 4212 as extending the statutes of limitations through December 31, 2021, and consequently did not err in dismissing the complaints.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A179835, Categories: Negligence, covid-19
J. Aoyagi finds the trial court properly dismissed complaints. The court “correctly construed HB 4212 as extending the statutes of limitations through December 31, 2021, and consequently did not err in dismissing the complaints.” Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 28, 2024, Case #: A179835, Categories: Negligence, covid-19
J. Rothstein dismisses the property manager's complaint alleging that the insurance company wrongfully denied the property manager's damage claim regarding Covid-19 infesting the Washington State Convention Center. The property manager is not entitled to coverage because the Washington Supreme Court already concluded that a loss of functionality only occurs when the property is physically affected, not when the property manager could not conduct normal business.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: February 27, 2024, Case #: 2:23cv1386, NOS: Insurance - Contract, Categories: Insurance, Property, covid-19
J. Erickson finds a lower court improperly granted summary judgment in favor of a group of parents who sought to enjoin enforcement of a State code that prohibits masks in schools. The parents of disabled students argued that their children face a risk of harm of contracting Covid-19. However, the Governor of Iowa presented sufficient evidence in court that their concerns are speculative and lack standing. Vacated.
Court: 8th Circuit, Judge: Erickson, Filed On: February 27, 2024, Case #: 22-3338, Categories: Education, covid-19
J. Loken finds a lower court properly denied a citizen of India's motion for religious and political asylum. The citizen of India argued that he would face persecution in his native land at the hands of a ruling party. However, the government sufficiently showed in court that he consistently requested further continuances based on the Covid-19 pandemic shut down, and failed to present new evidence to support his claims. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: February 23, 2024, Case #: 23-2289, Categories: Civil Rights, Government, covid-19
J. Joseph grants summary judgment to Treasury Secretary Janet Yellen and the U.S. Small Business Administration, finding the federal agency correctly determined an oil field service company was ineligible for a pandemic-program business loan it received in the amount of $2.5 million. The SBA correctly determined the business qualified for a maximum loan forgiveness amount of $687,000, and its decision was not arbitrary and capricious. The company’s interpretation of the law would require an erroneous finding the federal loan program would allow “double dipping,” or permitting small businesses and their contractors to count the same amounts twice to obtain multiple loans.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: February 22, 2024, Case #: 6:22cv6229, NOS: Other Statutory Actions - Other Suits, Categories: Government, Business Expectancy, covid-19
J. Currault finds for the insurer of a coastal Louisiana hospital district, finding its policy does not cover the medical facility’s loss of income resulting from the state’s suspension of non-emergency procedures during the initial months of the Covid-19 pandemic in 2020. A proper reading of the policy’s communicable disease provision means a disease outbreak must occur at the insured premises, not from people infected from an outbreak elsewhere who show up to the hospital for medical treatment. The hospital’s infectious disease control manager testified it was not until the end of 2021 or 2022 that she reported several hospital-acquired Covid-19 cases, and both dates are past the relevant policy period.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: February 22, 2024, Case #: 2:22cv689, NOS: Insurance - Contract, Categories: Evidence, Business Expectancy, covid-19
Per curiam, the court of appeals issues a contempt citation and sanctions against the court reporter. The reporter failed to complete a record on more than one occasion, even after a writ of certiorari had been issued. The special master recognized the reporter had assumed additional duties during the Covid-19 pandemic, that she had been unable to resolve the situation despite her efforts, and that she later resigned from her position. Though the special master did find that some circumstances of her employment were unique, this did not justify her failure to comply.
Court: Arkansas Court Of Appeals, Judge: Per curiam, Filed On: February 21, 2024, Case #: CR-23-191, Categories: Administrative Law, Contempt, covid-19
J. Aiken dismisses the respiratory therapist's complaint alleging that the healthcare company placed her on unpaid administrative leave after it granted her a religious exception for the Covid-19 vaccine. The respiratory therapist says that taking the vaccine would violate "the purity of her body," but she does not explain how or what specific religious beliefs taking the vaccine violates.
Court: USDC Oregon, Judge: Aiken, Filed On: February 21, 2024, Case #: 6:23cv12, NOS: Employment - Civil Rights, Categories: Employment, covid-19, Employment Discrimination
J. Holcomb denies in part the government's motion to dismiss a son's allegations of both negligent and intentional infliction of emotional distress after his father, an immigration detainee, died due to complications from Covid-19 while in ICE custody. "The conduct at issue is not the type that is generally shielded by the discretionary function." The government was required to assess whether the father could potentially be released after he contracted Covid-19. The portions of the son's claims which center on the ICE's concealment of the seriousness of his father's condition and subsequent death continue.
Court: USDC Central District of California, Judge: Holcomb, Filed On: February 21, 2024, Case #: 5:23cv380, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Tort, covid-19