Will Lawmakers Provide Immunity to Businesses from COVID-19 Lawsuits?

As state and local governments take steps toward reopening the economy, business owners are rallying around the issue of liability immunity from COVID-19 lawsuits and organizing efforts aimed at pressuring federal and state lawmakers to enact legislation limiting liability from lawsuits filed by workers and customers infected by COVID-19. The stakes are high. Because the complete clinical picture regarding COVID-19 is not fully understood, big and small businesses alike are targets for opportunistic lawsuits. When symptoms may not develop for days after the fact, just…
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New York Lawmakers Seek to Repeal Statute Granting Immunity to Nursing Homes

In a previous post, we wrote about New York’s Emergency Disaster Treatment Protection Act (EDTPA), which was enacted on April 6, 2020 as part of the state budget. EDTPA provides immunity to hospitals, nursing homes, administrators, nursing aides, nursing attendants, EMTs, home health care workers, physicians, and other health care professionals that arises from alleged decisions, actions and/or omissions related to the care of individuals with COVID-19 from Governor Cuomo’s initial emergency declaration on March 7, 2020 through its expiration. The statute creates a new…
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Legal Immunity and COVID-19–Controversy Continues

Earlier this month, we wrote about the looming debate over legal immunity against certain types of claims in lawsuits arising out of the COVID-19 crisis. On May 15, 2020, the New York Times published an opinion piece editorializing against the prospect of immunity from certain types of suits being contemplated by the Senate. Like many of the opponents of immunity, the Times fear-mongers, raises straw-man opposition, and is unmoored from the reality of what really happens in civil litigation, and will happen here. The headline…
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