507 results for 'cat:"Covid-19"'.
J. Vitter grants a request by a bank to dismiss a landscaping business’ complaint the creditor did not timely process its application for a federally guaranteed pandemic recovery loan in 2021 before the Small Business Administration ran out of funds. The ruling agrees with the bank’s assertion the business disingenuously refused to admit it earned far more than the loan program’s maximum of $1 million in gross revenues required to qualify for a 30-day notification by the bank, information the business concealed by redaction from its lawsuit. "The [c]ourt will not tolerate such gamesmanship."
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 21, 2024, Case #: 2:22cv1324, NOS: Banks and Banking - Other Suits, Categories: Evidence, Business Practices, covid-19
J. Heytens finds the lower court improperly ruled that the Electronic Fund Transfer Act did not protect a prepaid debit card. The self-employed mechanic applied for and received unemployment benefits during the COVID-19 pandemic that the government distributed via prepaid debit cards. After a prolonged period, the mechanic received his card, but the card had a zero balance, and the entire $14,644 had been spent between August and October on transactions he did not recognize. The mechanic sued the bank, asserting its conduct and error-claim procedures violated the federal Electronic Fund Transfer Act and various state law obligations. The Act does protect the account because it is a government benefit account under the controlling regulations. Vacated.
Court: 4th Circuit, Judge: Heytens, Filed On: February 16, 2024, Case #: 22-1954, Categories: Government, Banking / Lending, covid-19
[Consolidated.] J. Rao vacates the National Labor Relations Board's conclusion that a medical transport company's refusal to fulfill information requests from its union during the Covid-19 pandemic violated the duty to bargain. The company was not required to fulfill the requests under its collective bargaining agreement with the union. Vacated.
Court: DC Circuit, Judge: Rao, Filed On: February 16, 2024, Case #: 22-1261 , Categories: covid-19, Contract, Labor / Unions
J. Halligan finds that the appellate division properly held that the operator of multiple restaurants was properly denied insurance coverage after being forced to suspend in-person dining early in the Covid-19 pandemic. The operator failed to demonstrate the insurer breached the contract on business-interruption losses because the policy covered direct physical loss or damage, which required a material change or "complete and persistent dispossession" of the insured property. Affirmed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: February 15, 2024, Case #: 07, Categories: Insurance, covid-19
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J. Pritzker finds that a master baker was properly ruled ineligible for benefits on grounds that he was not totally unemployed. The baker contends he was put out of work by the Covid-19 pandemic, but the commercial bakery that employed him full-time provided time cards showing he worked several days a week during the relevant period. He blames the language barrier for the finding that he made willful misrepresentations, but he had been provided translation services. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: February 15, 2024, Case #: CV-22-2058, Categories: Employment, covid-19
J. McShan finds that the workers' compensation board properly held that a bridal shop seamstress suffered a compensable injury in contracting Covid-19 on the job because evidence indicated she was exposed to the virus in the course of interactions and overlapping shifts with a coworker who tested positive, which her employer failed to rebut by waiving the right to obtain an independent medical exam. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: February 15, 2024, Case #: CV-23-0298, Categories: covid-19, Workers' Compensation
J. Reynolds Fitzgerald finds that the workers' compensation board properly rejected a widow's claim seeking death benefits on grounds that her husband's death was not job-related. Her husband, a mass-transit track inspector, died of cardiac arrest and a pulmonary embolism months after contracting Covid-19, but his widow failed to demonstrate the virus was prevalent in the workplace or that he had been infected by a coworker. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: February 15, 2024, Case #: CV-23-0309, Categories: covid-19, Workers' Compensation
J. Powers finds that a cashier for a financial services company was properly disqualified from receiving unemployment benefits for leaving her job without good cause since the cashier failed to meet the health department's mandate that public-facing workers receive the Covid-19 vaccination and failed to provide documentation indicating she had been medically excused from getting vaccinated. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: February 15, 2024, Case #: CV-23-0569, Categories: Employment, covid-19
J. Immergut declines to dismiss the executive assistant's complaint that the hospital wrongfully denied her a religious exemption for the Covid-19 vaccine and fired her one month after her request. The hospital argues about the particularities of the executive assistant's religious beliefs, which is not enough to dismiss the complaint, and the hospital does not show that it would have suffered undue hardship if it did accommodate her religious beliefs.
Court: USDC Oregon, Judge: Immergut, Filed On: February 15, 2024, Case #: 3:23cv216, NOS: Employment - Civil Rights, Categories: Employment, covid-19, Employment Discrimination
J. Garry finds that an adjunct music professor at a college was properly disqualified from receiving unemployment benefits on grounds that she left her job without good cause because she failed to meet the school's requirement that she receive a Covid-19 vaccination before in-person instruction commenced anew following a period of remote teaching, and she failed to provide documentation indicating she had been relieved of the mandate after she contracted Covid and tested positive for antibodies. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: February 15, 2024, Case #: CV-23-0885, Categories: Employment, covid-19
J. Klappenbach finds the board of review improperly denied the employee's claim for unemployment benefits. The portable building sales rep was put on commission-only pay status while she worked from home during the Covid-19 pandemic. Though the employer says the sales rep abandoned her position, no evidence supports she was directed to return to work on the premises. While evidence suggests the employer was displeased with the rep's results working from home, it did not implement changes. The evidence does not support the finding the employee quit. Reversed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: February 14, 2024, Case #: E-22-608, Categories: Employment, covid-19, Workers' Compensation
J. DeWine finds the temporary law during the Covid-19 pandemic that allowed municipalities to collect taxes from stay-at-home employees that did not live within their borders did not violate the due process clause. There was a rational basis for the law; specifically, the law allowed municipalities to stabilize their tax income during a period of rapid change to stay-at-home work that would otherwise have crippled their budgets. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: February 14, 2024, Case #: 2024-Ohio-525, Categories: Tax, Due Process, covid-19
J. Doughty grants a request by presidential hopeful Robert F. Kennedy Jr. for a preliminary injunction barring the Biden Administration from violating the candidate’s constitutional right to free speech by discouraging social media platforms from publishing his anti-Covid-19 vaccine messages. Kennedy and other litigants have produced evidence of “a massive effort by the White House to federal agencies, to suppress speech based on its content.” The administration argues it was trying to protect the public health by discouraging Kennedy and others from spreading disinformation.
Court: USDC Middle District of Louisiana, Judge: Doughty, Filed On: February 14, 2024, Case #: 3:23cv381, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Government, covid-19
J. Wilson finds that the trial court properly ruled in favor of the city-parish government on a court bailiff's slip and fall suit over injuries allegedly resulting from spilled hand sanitizer. The government was entitled to immunity since the installation of the sanitizer dispensers was in response to the public health emergency caused by Covid-19. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: February 14, 2024, Case #: CA-23-347, Categories: Tort, Immunity, covid-19
Per curiam, finds that Florida’s public employees relations commission improperly dismissed a union’s claims of unfair labor practices between the union and county regarding mandatory Covid-19 vaccinations. The state’s 18-month statutory reprieve expired on June 1, 2023, which is insufficient to moot the entire controversy. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 14, 2024, Case #: 1D2022-1739, Categories: Employment, covid-19, Labor / Unions
J. Benton finds a lower court properly dismissed a city's claims for insurance coverage against an insurer. The city argued that it suffered loss of tax revenues during the Covid-19 mandated closures. However, the insurance company sufficiently showed in court that it provided coverage for direct physical business losses, and not the side effects of the pandemic. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 12, 2024, Case #: 23-1701, Categories: Insurance, covid-19
J. Kindred grants Alaska Airline's motion to dismiss a dispute with a former state senator regarding her nearly year-long ban from flying with Alaska Airlines for failing to comply with mask mandates during the Covid-19 pandemic and "combative interactions with Alaska Airlines staff." Her ban was lifted after the mask mandate ended. The former senator has not shown that the Specially Appearing Defendants have minimum contacts with Alaska to support jurisdiction. The former senator's claims against Alaska Airlines for “'violations of the duty of care concerning treatment of airline passengers with disabilities' fails because no such duty exists under state law."
Court: USDC Alaska, Judge: Kindred, Filed On: February 12, 2024, Case #: 3:23cv87, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, covid-19
J. Benton finds a lower court properly dismissed a city's claims for insurance coverage against an insurer. The city argued that it suffered loss of tax revenues during the Covid-19 mandated closures. However, the insurance company sufficiently showed in court that it provided coverage for direct physical business losses, and not the side effects of the pandemic. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 12, 2024, Case #: 23-1701, Categories: Insurance, covid-19, Contract
J. White finds for the employer in a religious discrimination suit filed by a nurse who was fired for refusing to get a Covid-19 vaccine. The hospital has a readily apparent religious affiliation and purpose, regardless that the majority of its workforce do not practice the Catholic religion. Therefore, as a religious organization, the hospital is exempt from religious discrimination claims.
Court: USDC Eastern District of Missouri, Judge: White, Filed On: February 12, 2024, Case #: 4:22cv1113, NOS: Employment - Civil Rights, Categories: covid-19, Employment Discrimination
J. Oliver grants the employer's motion for summary judgment, ruling the female vice president cannot establish a prima facie case for sex discrimination. None of the male vice presidents she names as comparators decided to take an international vacation immediately after Covid-19 was declared a pandemic and shortly after other disciplinary issues; therefore, the male comparators are not similarly situated.
Court: USDC Connecticut, Judge: Oliver, Filed On: February 8, 2024, Case #: 3:21cv770, NOS: Employment - Civil Rights, Categories: covid-19, Employment Discrimination
J. Nelson dismisses the lecturer's complaint that the university did not approve the lecturer a religious exception to the Covid-19 vaccine mandate, placing her on unpaid leave. The lecturer does not establish that the university or its staff substantially burdened her religious practices or beliefs, and the lecturer does not provide any precedent supporting her argument that a medical exception process would "have a tendency to coerce individuals into acting contrary to their religious beliefs."
Court: USDC Oregon, Judge: Nelson, Filed On: February 8, 2024, Case #: 3:22cv1254, NOS: Employment - Civil Rights, Categories: Employment, covid-19, Employment Discrimination
J. Donnelly dismisses a case worker’s disability discrimination and retaliation complaint against New York City’s Human Resources Administration, claiming she was denied an exemption from its Covid-19 vaccine mandate and was fired after refusing to get vaccinated. The agency is not a suable entity, and she fails to specify what, if any, disability she actually suffers from that would be a basis for her claims.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: February 8, 2024, Case #: 1:22cv6307, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, covid-19, Employment Discrimination
J. Lynch finds that the lower court improperly remitted for further review some applications from employees of New York's unified court system who sought a religious exemption from Covid-19 vaccination mandates. The office's questionnaire, which asked whether employees who opposed vaccination on fetal-cell testing grounds would give up any over-the-counter or prescription drugs they normally used that also relied on such testing, was not arbitrary in assessing sincerity of religious belief. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: February 8, 2024, Case #: CV-23-0032, Categories: Employment, covid-19
Per curiam, the circuit finds that the district court properly dismissed class due process claims when the New York City Fire Department instituted a Covid-19 vaccination mandate and suspended or fired employees not in compliance. A federal due process violation would not have occurred even if state collective bargaining procedures were not followed in making vaccination a new work condition because plaintiffs received adequate notice of the change and an opportunity to seek accommodation. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 23-663, Categories: Employment, Due Process, covid-19