Nursing Home COVID Immunity Battle Playing out in Court

A recent case decided Feb. 10 has the nursing home industry and plaintiff malpractice attorneys clamoring over whether certain measures taken by nursing homes during the pandemic should be immune from plaintiff negligence lawsuits against nursing homes.

To read the full text of this article by Duane Morris partner Neville M. Bilimoria, which was originally published in Chicago Lawyer, please visit the firm website.

New FDA Guidance Embraces “Remote Interactive Evaluations” but Stops Short of Permitting Virtual 704(a) Inspections

On April 14, 2021, the U.S. Food and Drug Administration issued formal guidance addressing the circumstances under which it will conduct “remote interactive evaluations” of drug manufacturing and bioresearch monitoring facilities in light of the ongoing COVID-19 public health emergency, which has pushed many previously in-person activities onto virtual platforms over the past 13 months.

To read the full text of this Duane Morris Alert, please visit the firm website.

Department of Labor Publishes Model Notices for American Rescue Plan Act’s COBRA Subsidy

The American Rescue Plan Act of 2021 (ARP) provides for a temporary 100 percent COBRA subsidy for eligible individuals whose qualifying event was an involuntary termination of employment or reduction in hours. On April 7, 2021, the Department of Labor issued the model forms that will be used to notify individuals of the COBRA subsidy and provide information about their rights under the ARP.

To read the full text of this Duane Morris Alert, please visit the firm website.

California Prepares to Move Beyond the “Blueprint”

California took a huge step toward full reopening by announcing its intention to lift all business restrictions under the “Blueprint for a Safer Economy” by mid-June, provided that hospitalizations remain low and vaccination rates remain high. The reopening will require some continued restrictions, including the statewide mask mandate.

To read the full text of this Duane Morris Alert, please visit the firm website.

Pennsylvania and Philadelphia End Mandatory Telework

On April 4, 2021, Pennsylvania ended its mandatory telework order that had been in effect for almost a year. Philadelphia followed suit and ended its telework requirement for offices. Telework is still strongly encouraged, but employers may now bring employees back to the workplace, so long as they continue to follow and enforce other federal, state and local COVID-19 mitigation measures.

To read the full text of this Duane Morris Alert, please visit the firm website.

Florida Adopts New COVID-19 Civil Liability Limitations

On March 29, 2021, Florida Governor Ron DeSantis signed into law Chapter 2021-1, designed to deter certain COVID-19-related lawsuits against a wide range of individuals, businesses, healthcare providers, and governmental and religious organizations. The legislation, which will be codified as sections 768.38 and 768.381 of the Florida Statutes, implements several new requirements applicable to a plaintiff bringing a “COVID-19-related claim.” This covers “a civil liability claim… which arises from or is related to COVID-19” or, in the case of a claim against a healthcare provider, “a civil liability claim” arising from, among other things, transmission of COVID-19; a diagnosis or treatment of, or failure to diagnose or treat, a person for COVID-19; the provision of a novel or experimental COVID-19 treatment; or delay or cancellation of a surgery or procedure due to a government-issued COVID-19-related health directive or guidance.

To read the full text of this Duane Morris Alert, please visit the firm website.

Webinar: Lessons Learned from Recent Headlines and Court Rulings on Products Liability Cases Across Industries

Duane Morris will be hosting the webinar, “Lessons Learned from Recent Headlines and Court Rulings on Products Liability Cases Across Industries,” on April 22, 2021, from 1:00 p.m. to 2:00 p.m. Eastern.

This is the seventh session of the Duane Morris COVID-19: Navigating Forward Webinar Series. For more information and the registration link, please visit the firm website.

New Jersey Expands Outdoor Gathering Numbers and Indoor Seating Capacity for Large Venues

On March 30, 2021, New Jersey Gov. Phil Murphy signed Executive Order No. 234, which will increase outdoor gathering limits and increase capacity for seated events at large venues. The Order also clarifies indoor capacity limits for banquet halls and similar venues. The changes will begin on April 2, 2021.

To read the full text of this post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Project Development/Infrastructure/P3 Blog.