Category: Coronavirus – Tort and Catastrophic Loss

COVID afflicted cases have incubated long enough

2/10/22

By: Wayne S. Melnick and Carlos Fernández Recently, we examined one of the first rulings about the Georgia Supreme Court’s Emergency Orders and their effect on a case’s statute of limitations. In Owens, the Middle District of Georgia determined the addition of 122 days to every cases’ statute of limitations was “simply unreasonable.” The court’s…

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…

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…