Covid-19 Resource Center

Impact of COVID-19 on Future Litigation/Courts

Oct 5 2021

COVID-19 Insurance Coverage Litigation in New Jersey

COVID-19 related business interruption coverage litigation remains voluminous in the number of suits filed in such a brief period. See how these lawsuits have played out in New Jersey Courts in this article.

“Will Insurers Maintain Their Successes in New Jersey COVID-19 Insurance Coverage Litigation?” by Michael F. Aylward and Mariel Mercado-Guevara

Sep 22 2020

Potential Enforceability of COVID-19 Waivers in Recreational Contexts in Connecticut and Surrounding States

As states across the country implement their reopening procedures and issue health and safety guidelines to businesses in light of the COVID-19 pandemic, many businesses such as gyms, and other providers of recreational activities may require patrons to sign liability releases or waivers to exculpate the provider from liability should a patron contract COVID-19 while engaging in the recreational activity sponsored by or at the provider’s facility.

Nursing Home/Long-Term Care Facilities

Feb 9 2021

Prepping for the PREP Act: An Analysis of Litigation Limitations Due to COVID-19

2020 was unprecedented. The COVID-19 pandemic brought the world to a stop. Medical providers from community colleges through Ivy League schools banded together to treat and overcome the unparalleled devastation COVID-19 caused.

Nov 24 2020

Webinar: COVID-19 Lawsuits: Protect Yourself from Civil & Criminal Liability

Over 55 criminal and civil lawsuits have been filed against LTC directors and executives related to COVID-19 incidents.

Employment and Labor

Mar 3 2021

EEOC: Employers May Require COVID-19 Vaccinations for Employees

As COVID-19 vaccinations are becoming more readily available, the question has emerged regarding whether employers may require employees to receive a vaccine before returning to work. The short answer is yes, as long as the employer does not run afoul of the Americans with Disabilities Act or impinge an employee’s sincerely held religious beliefs.

Higher Education

Mar 16 2021

Surviving the Motion to Dismiss: COVID-19 Tuition Lawsuits Clear First Hurdle

In the months after the arrival of the pandemic, colleges across the country transitioned from in-person to remote learning.

Jun 17 2020

COVID-19 Closes On-Campus Learning and Prompts Lawsuits from Students Seeking Tuition Reimbursement

When the COVID-19 pandemic hit in March 2020, colleges and universities were forced to make major adjustments in the wake of the public health crisis. Students were required to vacate residence halls, and traditional on-campus learning was replaced with online courses and virtual learning. Most agree that these steps were necessary, but the college “experience” for students across the country was completely transformed from what they expected and paid for.

Insurance Coverage

Aug 12 2020

The Impact of the Coronavirus Outbreak on Business Interruption Claims

While governments and health organizations work to contain the coronavirus (COVID-19) outbreak, including quarantine procedures and protocols, a lurking issue surrounds the availability of insurance for losses associated with the outbreak.

Jun 30 2020

Free Webinar: Emerging Insurance Law Responses to the Global Pandemic, Michael Aylward Speaking

There has been a recent surge of insurance coverage litigation since March pitting small business, particularly restaurants, against their property insurers in an effort to obtain coverage for COVID-19 business interruption losses.

Healthcare

Jun 8 2020

New Jersey’s Executive Order No. 112 on COVID-19 Response and Providing Protections for Front Line Health Care Responders

Governor Phil Murphy on April 1, 2020 signed Executive Order No. 112, authorizing the Division of Consumer Affairs to temporarily reactivate the licenses of recently retired health care professionals and grant temporary licenses to doctors licensed in foreign countries.

Jun 5 2020

COVID-19 Related Liability Immunity in Vermont for Medical Providers

ADDENDUM 9 TO EXECUTIVE ORDER 01-20, dated April 20, 2020, indicates that liability immunity available under existing law will apply to “Health Care Facilities, Health Care Providers, and Health Care Volunteers” providing “emergency management service[s] or response activity” in connection with the COVID-19 pandemic.

Workers' Compensation

Jun 12 2020

COVID-19 Response Team: Workers' Compensation Law Newsletters

Our COVID-19 Response Team has written two informative newsletters that detail critical workers' compensation information in each state where Morrison Mahoney has offices: Connecticut, Massachusetts, New Hampshire, New Jersey, New York, and Rhode Island.

Cybersecurity, Privacy and Data Protections

Jun 24 2020

Getting Started With The California Consumer Privacy Act

As you may be aware, the California Consumer Privacy Act of 2018 (“CCPA” or “the Act”) came into effect on January 1, 2020, and provides California residents with as much control as feasibly possible over the use of their personal information within the business world.

May 4 2020

COVID-19 Probably Broke Your Organization’s Telework Cyber Policy. Here’s How to Fix it

If you are like many Americans, you are probably reading this as you telework from home while weathering the COVID-19 storm. It is also probable that your organization has some sort of a telework cybersecurity policy, either as a limited part of its greater information security program, or one that was hastily put together in response to the pandemic.

Case Commentary

Jan 29 2021

Case Commentary Update: A Formal Legal Battle Filed and Served

As an update to prior posts, Randi Kirshbaum, a radio personality out of Maine, has now filed and served a complaint against her employer, Saga Communications.

Jul 8 2020

Continued Case Commentary: Remote Work, A Doctor’s Note, and Purported Layoff (or Unlawful Termination?)

Economic downturn, reductions in workforce, and costs of implementing accommodations for employees can constitute reasons justifying an employer’s actions to downsize its headcount.