Coronavirus Effect? Tort Filings Are Down In 2020, but Products Liability Suits Are Way Up
12/17/20
By: Barry Miller Tort lawsuit filings in federal district courts dropped by 27 percent in 2020 according to Lex Machina, the legal analytics arm of Lexis. The service compiled statistics for suits filed between January 1 to December 6, 2020, comparing numbers for the same period in 2018 and 2019. At 16,725 this year’s tort…
Vaccine Breakthrough: Tort Immunity Under PREP Act Spurs Innovation
11/9/20
By: Kevin Kenneally Recent news of possible imminent availability of groundbreaking COVID-19 vaccines has catapulted financial markets and infused optimism for recovery in global economies and the daily lives of people throughout the globe. These pharmacological and biotech advances were made possible in part by guarantees from the United States government that vaccine makers and…
U.S. Employers Face Threat of Exposure to New COVID “Take Home” Lawsuits
10/6/20
By: Sean Riley Take-home or household exposure lawsuits have been a facet of asbestos litigation for years, allowing mesothelioma victims who came into contact with asbestos that was brought into their homes on the clothing of their spouses, parents, or other household members. While employers are typically immune from suit pursuant to their states’ respective…
COVID-19 Related Tort Lawsuits On The Rise? Not So Fast, My Friend
9/29/20
By: Gregory Blueford As summer turns to fall and football returns to fill our weekends, the unwelcome reality of COVID-19 still has a firm grasp on day-to-day life across the globe. Earlier this month, we outlined the HEALS Act’s Tort Immunity Provision under the proposed Safe to Work Act which seeks to curb liability for coronavirus…
Changes in the Landscape of Civil Litigation in the COVID-19 Era
9/17/20
By: Christopher Lee As economic and social norms have been drastically altered over the course of these last several months in the COVID-19 era, so too has the effect been on civil litigants on both sides and the considerations being made by the parties engaged in litigation. As discussed more fully below, many disputes will…
Statute of Limitations Tolled in California Amid Pandemic
8/3/20
By: Matthew Jones In response to the COVID-19 pandemic, California’s Governor Gavin Newsom issued a “state of emergency” for the entire State. In response, the California Judicial Council adopted several Emergency Rules to implement during the pandemic. In particular, Rule 9 states that all statute of limitations for civil causes of action are tolled from April 6,…
Immunity for COVID-19 Claims in Georgia
6/16/20
By: Jake Daly Following a three-month layoff due to COVID-19, the Georgia General Assembly reconvened on June 15 to complete its business for the 2020 session. With only ten legislative days remaining as of June 15, 2020, there is limited time to deal with new and old priorities. One of the new priorities is a bill providing…
5/14/20
By: Janet Barringer, William Gildea and Kevin Kenneally In the wake of alarming reports from other states that nursing homes were forced to accept known COVID-19 positive residents, a policy which may have caused the spike in healthy nursing home residents becoming infected, Massachusetts has proposed sweeping legislation to protect senior citizens and to require…
Massachusetts: Relief Funds For Nursing Home & Other Long-term Care Facilities Fighting COVID-19
4/27/20
By: Janet Barringer and William Gildea Massachusetts Governor Charlie Baker announced on April 27, 2020 the Commonwealth will allocate $130 Million to nursing homes and other long-term care facilities in Massachusetts to assist in the ongoing battle against COVID-19. The COVID-19 Nursing Facility and Accountability Support document states “[n]ursing facilities account for more than half…
Georgia’s first taste of COVID-19 lawsuits in long term care facilities
4/27/20
By: Shaun Daugherty It has been highly publicized that long-term care facilities were devastated by the effects of COVID-19 on its residents and the filing of negligence suits against long-term care facilities in its wake was inevitable. Four such cases were filed in Fulton State Court on April 23, 2020. All of the cases involve…
4/17/20
By: Shaun Daugherty, Erin Lamb and Andy Treese As doctors, nurses, respiratory therapists, and other healthcare providers have thrown themselves wholly into the challenge of fighting the coronavirus, some have asked whether they are exposed to new or additional exposure for medical negligence. Governors and state legislators across the country are working to curtail such…
Ready Camera One: Remote Litigation in the Era of Social Distancing
4/7/20
By: Jennifer Adair, Jennifer Markowski and Andy Treese Evaluating claims to move them towards resolution or trial is the lifeblood of a defense practice. This typically requires direct interaction with a plaintiff and key witnesses, either at deposition (to hear their testimony, to form impressions of how they will be received by a jury), at mediation…