Category Archives: COVID-19
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California Court: COVID-19 Not “Pollution Condition” under Pollution Policy
The Eastern District of California, partly relying on California precedent interpreting the pollution exclusion, determined that COVID-19 did not constitute a ‘pollution condition’ in a pollution liability policy. Read more about this court case here: Vision Serv. Plan Plaintiff v. Illinois Union Ins. Co. et al. article (11.11.22) ... Read More
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DC Council Extends Foreclosure Moratorium, Shortens TOPA Tolling Period
In October 2021, D.C. Council provided Mayor Bowser, under Act 24-178 1 , the power to extend the foreclosure moratorium from November 5, 2021, to February 4, 2022. 2 The purpose of this extension was to allow the Housing Assistance Funds (‘HAF”) Program to be implemented. The goal of the HAF program is to prevent mortgage ... Read More
TAGGED: TOPA, Real Estate Law, foreclosure moratorium, COVID Policy
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The COVID-19 Vaccination – Testing Mandate Is Not Completely Dead
On January 13, 2022, the Supreme Court prohibited OSHA’s enforcement of its nationwide emergency vaccination and testing standard declaring the scope of the regulation beyond OSHA’s statutory authority. On January 25, OSHA conceded the point and withdrew the standard. But even as OSHA withdrew the standard, OSHA made clear that employers are not relieved of their obligation to protect employees from the risks of ... Read More
TAGGED: COVID-19, OSHA, covid, Vaccination, Covid-19 Vaccination
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Court Blocks OSHA Rule Requiring COVID-19 Vaccinations For Workers
The Occupational Health and Safety Administration, to combat the spread of COVID-19, issued a rule mandating that all employers who have at least 100 employees require that those workers be vaccinated—affecting some 84 million workers nationwide. The rule was enacted under an “emergency temporary standard” process which avoided the typical notice-and-comment procedures for rules. States and private parties challenged the ... Read More
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Court Allows Vaccination Mandate For Health Care Workers To Go Into Effect
The Secretary of Health and Human Services issued a rule in November of 2021 requiring all health care workers be vaccinated or have a valid exemption in order for the health care facility to receive Medicare or Medicaid funding. Certain states sued to block the mandate, and the lower courts enjoined enforcement of the rule pending a determination on the ... Read More
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Now is the Time to Prepare for OSHA’s Enforcement of the Emergency Temporary Standard on COVID-19 Vaccination and Testing
On January 7, 2022, the Supreme Court heard argument on requests to stay enforcement of OSHA’s Vaccination, Testing and Face Coverings Standard, a workplace safety standard adopted to deter the spread of COVID-19. OSHA previously announced that enforcement of the non-testing requirements would begin as soon as January 10, 2022, with enforcement of the testing requirements delayed until February 9, 2022. Unless ... Read More
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DC to Mandate Proof of Vaccination Status at Indoor Establishments- UPDATE
UPDATE: On Monday February 14, 2022, Mayor Bowser announced that, effective Tuesday February 15, 2022, DC will drop the requirement that patrons show proof of vaccination status before entering most businesses. On December 22, 2021, Mayor Muriel Bowser announced, via executive order, that the District of Columbia would join other major cities including Los Angeles, New York, Philadelphia, ... Read More
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Sixth Circuit Dissolves Stay on OSHA’s Vaccine Mandate for Large Employers – UPDATE
On November 5, 2021, the Occupational Safety & Health Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”) requiring employers with 100 or more employees to take certain actions to minimize the spread of COVID-19 in their workplaces. Enforcement of the ETS was initially set to begin on January 4, 2022. Although often referred to as a “vaccine mandate,” the ETS ... Read More
TAGGED: Business Law, COVID-19
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Considerations for Employers Mandating Vaccines in a Post-EUA World
The FDA’s recent approval of the Pfizer-BioNTech COVID-19 vaccine has ushered in a new wave of employer vaccine mandates. Private employers had the right to impose such mandates even when the three vaccines available in the U.S. – Pfizer, Moderna, and Johnson & Johnson – were available only under emergency use authorization (EUA). This was made clear by a memorandum ... Read More
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SCOTUS Opinion: Court Blocks CDC Moratorium On Evictions
Congress twice passed a law imposing a moratorium on certain types of eviction during the COVID-19 pandemic, but the Centers for Disease Control and Prevention each time extended the moratorium, claiming authority under Section 361(a) of the Public Health Service Act. That statute permitted the CDC to “make and enforce such regulations as . . . are necessary to prevent ... Read More
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National Survey of COVID-19 Immunity Legislation
(as of July 23, 2021) [1] The below survey of federal and state legislation, guidance, and executive action provides information regarding enacted and proposed legislation and executive orders issued to provide immunity protections for liability, in certain respects, to health care professionals, facilities, and volunteers in the course of their treatment of individuals during the course of the COVID-19 ... Read More
TAGGED: Medical Malpractice, COVID-19
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National Survey of COVID-19 Medical Malpractice Immunity Legislation (As of May 24, 2021)
(as of May 24, 2021) [1] The below survey of federal and state legislation, guidance, and executive action provides information regarding enacted and proposed legislation and executive orders issued to provide immunity protections for liability, in certain respects, to health care professionals, facilities, and volunteers in the course of their treatment of individuals during the course of the COVID-19 ... Read More
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Employer-Mandated COVID-19 Vaccines: Tips, Pitfalls, and Other Considerations
President Joe Biden recently announced that all adult Americans will be eligible for a COVID-19 vaccine by April 19. That day has arrived, and all 50 states now allow all adults age 16 and older to register for the vaccine. As the pace of vaccinations continues to accelerate, and case numbers appear to be stable in most regions of the ... Read More
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National Survey of COVID-19 Medical Malpractice Immunity Legislation (As of March 8, 2021)
[1] The below survey of federal and state legislation, guidance, and executive action provides information regarding enacted and proposed legislation and executive orders issued to provide immunity protections for liability, in certain respects, to health care professionals, facilities, and volunteers in the course of their treatment of individuals during the course of the COVID-19 pandemic and the declared national ... Read More
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SCOTUS Opinion: Court Enjoins California’s Ban On Indoor Church Services
Due to the ongoing coronavirus pandemic, California’s governor issued several restrictions on indoor church services: (1) a 25% capacity limitation; (2) a prohibition on singing and chanting; and (3) a total prohibition on all indoor worship services. Several churches filed suit, and sought an order to preliminarily enjoin the restrictions because they violated the First Amendment. A fractured Court, by a ... Read More
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National Survey of COVID-19 Medical Malpractice Immunity Legislation (as of January 20, 2021)
Last updated January 20, 2021. [1] The below survey of federal and state legislation, guidance, and executive action provides information regarding enacted and proposed legislation and executive orders issued to provide immunity protections for liability, in certain respects, to health care professionals, facilities, and volunteers in the course of their treatment of individuals during the course of the COVID-19 ... Read More
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Client Alert: Key Provisions in the Consolidated Appropriations Act of 2021
The Consolidated Appropriations Act, 2021 (“CAA 2021") was passed by Congress on December 21, 2020 and signed into law by the President on December 27, 2020. A few highlights of the new law include the following: Small businesses with fewer than 300 employees which can establish a 25% or more drop in gross receipts during the 1st, ... Read More
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National Survey of COVID-19 Medical Malpractice Immunity Legislation (As of November 18, 2020)
National Survey of COVID-19 Medical Malpractice Immunity Legislation (as of November 18, 2020) [1] The below survey of federal and state legislation, guidance, and executive action provides information regarding enacted and proposed legislation and executive orders issued to provide immunity protections for liability, in certain respects, to health care professionals, facilities, and volunteers in the course of their treatment of ... Read More
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National Survey of COVID-19 Medical Malpractice Immunity Legislation (As of September 23, 2020)
The below survey of federal and state legislation, guidance, and executive action provides information regarding enacted and proposed legislation and executive orders issued to provide immunity protections for liability, in certain respects, to health care professionals, facilities, and volunteers in the course of their treatment of individuals during the course of the COVID-19 pandemic and the declared national and state ... Read More
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Client Alert: Payment Protection Program Grants May Result in Unexpected Taxable Income
The Paycheck Protection Program (“PPP”) enacted through the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-136) is the government relief program that provided loans to small businesses to cover payroll, rent or mortgage payments and utilities. The loan may be forgiven under certain prescribed circumstances. The issue for recipients now is how to account for the funds. There ... Read More
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Virginia Supreme Court Suspends All Evictions For Rent Nonpayment Until September 7, 2020
A narrowly divided Court, in an order signed by Justice Mims, suspended all writs of eviction pursuant to unlawful detainer actions in Virginia, effective August 10, 2020, and continuing through September 7, 2020. The four-justice majority noted that the ongoing public health emergency limited the ability of tenants to avail themselves of the court system, and the Governor’s request for ... Read More
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National Survey of COVID-19 Medical Malpractice Immunity Legislation
(as of July 17, 2020) [1] The below survey of federal and state legislation, guidance, and executive action provides information regarding enacted and proposed legislation and executive orders issued to provide immunity protections for liability, in certain respects, to health care professionals, facilities, and volunteers in the course of their treatment of individuals during the course of the COVID-19 ... Read More
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Face Coverings in the Workplace: 5 Lessons You Need to Know
As more businesses reopen and workers – many wearing face masks – return to in-person interactions with co-workers, customers and clients, here are five things that every worker should know about face masks in the workplace. What are the different types of face coverings and masks? Generally, there are three categories of face coverings and masks: cloth face coverings, surgical masks, ... Read More
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SCOTUS Opinion: Court Declines to Suspend COVID-19 Restrictions on Church Worship in California
The Governor of California issued an executive order to limit the spread of COVID-19, which in part limited attendance at places of worship to 25% of building capacity or 100 people, whichever is less. Several churches challenged that order, and asked the courts to enter an injunction staying its effect during the course of the litigation due to its First ... Read More
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Client Alert: New York Assembly Bill Would Repeal State’s Healthcare Immunity Statute Passed in Wake of COVID-19 Citing Concerns Over Nursing Home Conduct
A New York Assemblyman has introduced a bill that would repeal Article D-30, Emergency or Disaster Treatment Protection Act of the New York Public Health Law, which was enacted on April 2, 2020, and provides health care facilities, health care providers, and volunteer organizations from immunity from civil or criminal liability for harm or damages sustained as a result ... Read More
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Client Alert: OSHA Changes Guidance for Reporting Cases of Coronavirus (COVID-19) in the Workplace
On May 19, the Occupational Safety and Health Administration announced changes to its previously issued guidance on reporting COVID-19 in the workplace, effectively reversing its six-week old policy which allowed a lesser standard of inquiry for employers outside the health care industry, emergency response organizations and correctional institutions. OSHA’s new guidance demands that all employers conduct investigations of all COVID-19 ... Read More
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COVID-19: District of Columbia Emergency Legislation Providing for Payment Plan Application Process and Rental Increase Restrictions Under Retail Leases
On May 13, 2020, the “Coronavirus Omnibus Emergency Amendment Act of 2020” was approved by District of Columbia Mayor Muriel Bowser which imposed new requirements upon landlords and tenants under residential and commercial retail leases, as well as touching upon many other areas of District of Columbia law including, but not limited to, alcohol beverage regulation, cooperative association remote meetings, ... Read More
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Client Alert: OSHA Issues Guidance for Reporting Cases of Coronavirus (COVID-19) in the Workplace
Please Read: As of May 26, 2020, OSHA's revised enforcement guidance is in effect and the below information may be outdated. Please see Mr. Kelleher's detailed analysis of what has changed in the new guidance here. The Occupational Safety and Health Administration recently confirmed that COVID-19 in the workplace is a recordable illness and must be reported to the government ... Read More
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Client Alert: Maryland Governor Larry Hogan Authorizes Remote Witnessing for Estate Planning Documents
Maryland Governor Larry Hogan has passed emergency Executive Order Number 20-04-10-01, which facilitates the execution of estate planning documents by allowing remote witnessing through video-conferencing. This Executive Order is a follow up to Executive Order 20-03-30-04 which authorized remote notarization of estate planning documents. This temporary legislation suspends the traditional in-person witnessing requirement for Wills, Advance Medical Directives, and ... Read More
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Client Alert: Economic Impact Payments & The IRS’ Return Policy
In the past several weeks the IRS has issued millions of checks to certain individuals, compliments of a Congress which is desperately trying to keep our economy running. On May 6, 2020, the IRS issued several new Q&A’s on its website addressing what recipients should do if an Economic Impact Payment (“EIP”) is received and the name on the check is ... Read More
TAGGED: irs, COVID-19, Economic Impact Payments