Tag Archives: liability

Georgia Passes Bill Limiting COVID-19-Related Liability for Businesses

Although Georgia joined several other states in urging Congress to provide a liability shield on a national level, Georgia did not wait to protect its businesses. On August 5, 2020, Governor Brian Kemp signed the Georgia COVID-19 Pandemic Business Safety Act, which took effect immediately. The act amends Georgia’s tort claims law to provide new definitions, exceptions and a presumption against liability. The act provides a general shield against liability as long as the businesses did not act with gross negligence, willful and wanton misconduct, or reckless or intentional disregard. At first glance, the law appears focused on healthcare as it applies to any “healthcare facility, healthcare provider, entity, or individual.” However, the term “entity” is defined very broadly to include most businesses.

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

COVID-19 “Fear Cases” Against Princess Cruise Lines Dismissed by California Federal Court

On Wednesday, the District Court for the Central District of California granted Princess Cruise Line’s (“Princess Cruises”) Consolidated Motion to Dismiss all 13 “Fear Cases” stemming from the COVID-19 outbreak on the Grand Princess cruise ship.

To read the full text of this post by Duane Morris attorney Brittany Wakim, please visit the Duane Morris Products Liability Blog.

UK Government’s Temporary Suspension of Wrongful Trading Liability During COVID-19 Crisis

On 14 May 2020, the UK Government extended the temporary suspension of wrongful trading liability until 30 June 2020.

On 28 March this year, the Government announced that it would “at the earliest opportunity“ introduce legislation, retrospective to 1 March 2020, to relax the insolvency rules which can make directors of limited liability companies potentially liable if they continue to trade and incur liabilities when they knew or ought to have concluded that there was no reasonable prospect of avoiding an insolvent liquidation or administration.

To read the full text of this post by Duane Morris partner Linda Crow, please visit the Duane Morris London Blog.

Pennsylvania Insurance Department Warns of Risks Related to Non-Compliance of COVID-19 Business Closure Orders

On May 11, 2020, Pennsylvania Insurance Commissioner Jessica Altman reminded businesses of the importance of complying with Governor Tom Wolf and Department of Health Secretary Rachel Levine’s orders – for counties in both the red and yellow phases.

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

Pennsylvania Governor Issues Much-Anticipated Executive Order Extending Liability Protections for Healthcare Professionals Responding to COVID-19 Crisis

As the COVID-19 crisis continues to strain healthcare resources and professionals across the nation, Pennsylvania Governor Tom Wolf has responded by extending liability protections for healthcare workers responding to the crisis.

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

Possible Liability Protections for Businesses Set to Reopen During the COVID-19 Pandemic

With the Senate set to return from recess on Monday, liability protections related to the COVID-19 pandemic are anticipated to be a hot button issue. While state and local governments are seeking financial aid from the federal government to assist in their battle against the COVID-19 pandemic, relief packages may also include protection from future legal actions against businesses.

To read the full text of this post by Duane Morris attorney Sharon O’Reilly, please visit the Duane Morris Products Liability Blog.

Department of Health & Human Services Clarifies Broad Scope of Immunity Protection Under the PREP Act

The Department of Health & Human Services (HHS) has provided an omnibus advisory opinion in response to various requests for clarification of the scope of tort immunity provided by the declaration under the Public Readiness and Emergency Preparedness Act (PREP Act). The PREP Act declaration provides immunity from tort liability for various persons, products and activities in response to COVID-19, as explained in our March 17, 2020, Alert. The Coronavirus Aid, Relief and Economic Security Act (CARES Act) subsequently expanded these protections.

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

Steps For Mitigating Litigation Risk Related to Coronavirus

When the current crisis has passed, businesses will reopen and people will leave the relative safety of home isolation. Some will get sick, and tragically some will die. The question is not whether there will be litigation, it is what will the ground rules be? So, imagine that you’re a Defendant on this imaginary docket, and ask yourself this, what are my possible defences?

To read the full post by Duane Morris partners Sharon Caffrey and Alex Geisler, please visit the Duane Morris London Blog.

Taking Depositions During COVID-19 Emergency

With 95% of the country presently subject to stay-at home orders due to COVID-19, many litigators are considering whether and how to take depositions in the coming weeks. Federal court responses have varied, from blanket extensions of civil deadlines to encouraging remote depositions. Whether it is advisable or even permissible to depose a witness under current circumstances will depend on several factors, including the jurisdiction, the deponent, and the anticipated substance of the deposition.

To read the full text of this post by Duane Morris attorney Danielle Bagwell, please visit the Duane Morris Products Liability Blog.

Nursing Homes in Florida Ask Governor for Liability Immunity Protection From COVID-19 Lawsuits

In an April 3, 2020 letter, Florida’s largest advocacy group for long-term care providers, Florida Health Care Association, asked Florida Governor Ron DeSantis to extend sovereign immunity to heath care providers and health care facilities engaged in and responding to the COVID-19 outbreak.  The letter requests liability immunity (both criminal and civil) for any harm or damages alleged to have been sustained as a result of an act or omission in the course of arranging for or providing health care services in accordance with COVID-19’s emergency rule and state directives.  Additionally, the letter requests immunity for the health care facility or health care professional if they are arranging for, or providing health care services, in good faith.

To read the full text of this post by Duane Morris attorney Brittany Wakim, please visit the Duane Morris Products Liability Blog.