COVID Goes to Court

As I sit at my computer writing this post, I have at my side a single-spaced 187 page document listing in very brief summary all identified US court cases relating to COVID 19 — 1,522 of them. This data grows daily and is formally updated by our service provider every two weeks.

While intuitively this is not surprising, given the vast impact of COVID on society, business and politics, nonetheless a perusal of this list is elucidating as to the imagination of lawyers and the myriad interests of people and businesses which have been revealed and harmed by the pandemic. Clearly no blog post can give a comprehensive overview, but below are some selective items that provide insight.

Misrepresentations and fraud are alleged about efficacy of hand sanitizers, drugs, testing services, masks and PPE, and stocks touted in companies allegedly possessing anti-virus drugs or devices.

Persons with disability claim discrimination by reason of mask protocols, including for example a class action on behalf of the hearing impaired who cannot shop in stores where masks muffle words and cover lips.

Wrongful death against medical organizations and practitioners, cruise ship lines, nursing homes, and against the Republic of China for causing, failing to control or hiding facts about COVID.

Employment claims for improper firings and unsafe work standards.

Shareholder suits against companies for falsely claiming a COVID cure or for publishing optimistic projections in the face of COVID.

Suits for price gouging, breach of contract wrongfully (based on excuse of force majeure).

Suits against schools over tuition, testing, opening, not opening.

Suits against persons and companies for negligence in spreading COVID.

Suits to collect debts and rents not paid with COVID as the asserted defense.

Claims against insurance companies for failing to pay for losses due to COVID in a myriad of instances.

Constitutional challenges against orders to wear masks on the part of governments, based on impingement of free speech.

As if the above cases were not both expectable and depressing enough, I note that many court systems are running remotely, slowly, even barely. While court backlog and resolution of these cases are not the most pernicious fallouts of the pandemic, you can add these difficulties to the massive list of difficulties that will face the “new abnormal” — oh, excuse me please, the “new normal.”

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