Law 360 – Coronavirus: The Week In Review w/e Fri May 4 2921
From Media & Entertainment Law360
| TOP NEWS NY Senate OKs Bill Nixing Atty In-State Office Requirement The New York Senate on Wednesday overwhelmingly passed a bill that would allow attorneys to practice in the state without keeping a physical office there and while living elsewhere, reflecting a paradigm shift in a profession that has largely gone remote due to the pandemic. With US On Board, COVID IP Waiver Still Faces Long Road While the Biden administration has backed a temporary waiver on intellectual property protections for COVID-19 vaccines, experts now foresee heated World Trade Organization negotiations about the scope of any deal, which could keep the proposal in limbo for some time. Tai Grilled By Congress Again On COVID-19 Vaccine IP Waiver U.S. Trade Representative Katherine Tai on Thursday again got an earful from lawmakers opposed to the Biden administration’s call to waive intellectual property protection on COVID-19 vaccines, and said she aims to address their concerns and find a workable solution. NJ Pandemic Insurance Bill Seems To Be Dead A New Jersey proposal that would force insurers to cover business losses stemming from the COVID-19 pandemic is likely dead amid industry pushback and concerns about the reach of public policy during the unprecedented health crisis, experts say. Coronavirus Litigation: The Week In Review In-N-Out is accused of failing to follow pandemic safety protocols, Bank of America wants out of a suit claiming it didn’t protect unemployment benefit recipients from fraud, and several states continue to pursue challenges to a federal law provision barring them from using coronavirus aid to offset tax cuts. HOW COURTS ARE ADAPTING Coronavirus: The Latest Court Closures And Restrictions UPDATED May 12, 2021, 7:22 PM EDT | As courts across the country take measures to prevent the spread of the coronavirus, some are restricting access and altering their procedures. Click state or court to jump to section. Virtual Courts Are Here To Stay, NY Top Judge Says Many court proceedings and services that went remote during the pandemic are here to stay, and virtual courts will play an integral role in the court system even after the pandemic subsides, New York Chief Judge Janet DiFiore said Monday. NJ To Resume In-Person Jury Trials As Virus Trends Improve The New Jersey Supreme Court signed off Tuesday on holding grand jury sessions and certain criminal and civil jury trials in person starting next month amid improving public health conditions throughout the Garden State in the battle against COVID-19. Georgia Business Court Opens Courtroom Doors For 1st Time As many Peach State courts welcome back attorneys, jurors and the public to in-person proceedings for the first time since the start of the coronavirus pandemic, Georgia’s business court will finally make the most of its facilities at its first-ever in-person hearing Tuesday. WHAT LAWYERS NEED TO KNOW Coronavirus Regulations: A State-By-State Week In Review COVID-19 relief efforts took the form of cash influxes announced over the past week in several states, including a $100 billion “comeback plan” for California’s economy and $235 million in relief funding for small businesses in New Jersey.Ala. Judge Advances Restaurants’ COVID-19 Coverage Suit An Alabama federal judge has allowed a group of restaurants to proceed with its COVID-19 coverage case saying that Cincinnati Insurance Co. wrongfully denied their claims for pandemic-related losses, bucking a strong trend within the Eleventh Circuit to favor insurers. Wisc. Tribe Says Insurers Can’t Dodge COVID Coverage Suit The Menominee Indian Tribe of Wisconsin has urged a California federal judge not to toss a proposed class action seeking COVID-19 coverage from several insurance companies, saying the kinds of problems the pandemic has caused the tribe’s casino and other businesses meet the standards established in earlier suits. Allianz Predicts Travel Insurance Boost As COVID Rules Lift Allianz Holdings PLC said on Wednesday that it expects a growth in demand for travel and breakdown insurance in the next quarter as the U.K. prepares to lift lockdown restrictions on vacations. Congress’ Inaction Keeps Poor From Getting Stimulus Money The government sent out an additional 1.1 million stimulus payments last week, but some low-income taxpayers won’t receive them because of Congress’ failure to keep the money from going to private debt collectors instead. LA Virus Eviction Moratorium Goes Too Far, 9th Circ. Told A landlord association asked the Ninth Circuit during oral arguments Wednesday to block the city of Los Angeles’ moratorium on evictions amid the coronavirus pandemic, saying the ordinance provides a plethora of protections to tenants but leaves landlords out in the cold. Wife Cannot Sue Spouse’s Co. Over Her COVID-19 Infection A California federal judge dismissed an amended suit brought by a spouse looking to hold her husband’s employer responsible for her COVID-19 infection, finding that the state’s workers’ compensation law bars her argument and further noting that the employer’s duty to provide a safe work environment does not extend to non-employees. AdventHealth Wins $1.5M From PPE Fraud Settlement Default A Florida federal judge ruled Wednesday that Adventist Health System can collect about $1.5 million after a California-based asset management firm defaulted on a settlement agreement they reached to resolve the hospital operator’s fraud suit over a failed $57.5 million deal for personal protective equipment. NJ Gym Slammed With Another Fine For Defying Virus Rules A New Jersey state court judge imposed $124,000 in additional fines on a Camden County gym that made headlines for flagrantly defying the government’s COVID-19 business restrictions, ruling that the gym’s social media videos showed it continued to violate orders. Tenn. Titans Accused Of Sacking Worker On COVID Leave The Tennessee Titans were hit with a lawsuit on Wednesday alleging that the NFL team ran afoul of the Families First Coronavirus Response Act and other federal labor laws by firing a field maintenance employee who took time off after contracting COVID-19. FCC Inks Rules For $7.2B At-Home Learning Program The Federal Communications Commission inked rules on Monday that will allow schools and libraries to tap into $7.17 billion in funds designated by Congress to help students get and stay online during the coronavirus pandemic, just meeting a statutory deadline for the agency to launch the program by the end of the day. EXPERT ANALYSIS COVID IP Waiver Doesn’t Resolve Vaccine Production Barriers Given the lack of know-how and other legal and technical hurdles associated with producing COVID-19 vaccines in developing countries, and the potential harm to U.S. industry, the Biden administration’s backing of a temporary waiver on intellectual property protections may be merely a gesture of goodwill, says William Bergmann at BakerHostetler. Discerning Need For 2nd COVID Workers’ Comp Claim In Calif .Diana Tsudik at Gilson Daub explains how California employers can determine whether an employee’s second round of industrial COVID-19 leave requires a new workers’ compensation claim form, and how a secondary filing could unnecessarily expose the company to double liability for one injury. How To Write Pandemic Clauses For Construction Contracts  In this brief video, Anastasia Herasimovich and Roberto Cantu-Dessommes at Baker McKenzie discuss how parties can include custom language in construction contracts to define pandemic-related rights and obligations in the form of novel clauses that are broader than force majeure provisions. |
