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 …
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, …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …