News

New Zealand – A parent’s decision refusing a baby’s blood transfusion with blood from vaccinated donors is not in the child’s best interest

Health New Zealand applied to the High Court for an order that a 6-month-old baby be placed under the guardianship of the Court for the purpose of consenting to surgery and blood transfusion. In particular, the plaintiff submitted that the baby has a severe obstruction to the right ventricle, causing increased thickening.

India – Court orders that school fees paid during the pandemic be adjusted or refunded

On 16 January 2023, the Allahabad High Court ordered private schools to adjust or refund 15% of the fees paid by families during the COVID-19 pandemic (2020-2021).

Spain – Court orders rehire of employee who had refused to vaccinate, plus moral damages

On 14 November 2022, the High Court of Justice of Galicia has declared the nullity of a dismissal of an employee who was removed from his duties for not wanting to vaccinate against COVID-19. The judgment was recently published.

Germany – Court allows vaccination of teenager despite mother’s opposition

On 12 December 2022, the Zweibrücken Higher Regional Court in Germany has ruled that a 15-year-old girl has the right to decide about her own health and be vaccinated against the coronavirus, despite her mother’s opposition.

USA – Closing defendant’s trial to the public was in breach of his constitutional right to a public trial, State Supreme Court holds

During the Spring of 2021, a defendant whose criminal trial was repeatedly delayed on account of the pandemic was ultimately tried behind closed doors.

USA – Remote participation of a juror in criminal trial does not breach defendant’s fair trial rights, federal appellate court holds

In March 2021, a defendant expressly agreed that one of the jurors participated to his trial remotely (i.e., by the Zoom platform) on account his potential exposure to the COVID-19.

Belgium – Constitutional Court rules on limitation period in criminal cases adapted during the pandemic

The court was asked to determine whether Article 4(1) of a law passed on 24 December 2020 is compatible with Articles 10 and 11 of the Constitution, in that it allowed for the suspension of the limitation period of public action introduced by Article 3 of Royal Decree No. 3 of 9 April 2020 applies generally, without excluding procedures for which judgment has been delayed for reasons that are unrelated to the health crisis that justified the introduction of this suspension.

Canada – The Ontario Superior Court of Justice certified a class action brough against the Minister of Long-Term Covid for breach of a private law duty of care to elderly residents of LTC homes

Through a class action, the plaintiffs alleged the gross negligence of the Government of Ontario (i.e., the Minister of Long-Term Care and the Chief Medical Officer of Health) in managing the spread of the pandemic, ultimately resulting in the death of thousands of elderly residents in provincially-regulated long-term care (“LTC”) homes.

USA – COVID-related economic losses do not absolve buyers from contractual payment obligations, state Supreme Court holds

In 2015, a company and other co-obligors purchased a cleaning franchise. Pursuant to the relevant asset purchase agreement, a portion of the franchise purchase price was to be paid in monthly installments from September 2018 to May 2022 and with a final balloon payment in May 2022.

EU – Consumers have a right to price reduction when package travel contracts have not been fully performed for restrictive pandemic measures in the country of destination

On 12 January 2023, the European Court of Justice has decided in a dispute between two travellers and a German travel organiser, concerning the price reduction of a package tour, claimed as a result of restrictions imposed at the place of destination (Gran Canaria) in order to combat the spread of the COVID-19 pandemic.

Germany – Court rejects teachers’ claims that COVID infection should be considered occupational injuries

In December 2022, a court in Germany has ruled that COVID-19 infections are not considered occupational injuries and that three female teachers and a financial officer who contracted the virus cannot claim benefits under the public sector pension scheme in North Rhine-Westphalia.

India – Vaccine mandate for teachers does not violate right to profess religion

On 16 December 2022, the High Court of Calcutta heard a case filed by a Christian teacher who challenged a notice issued by his school which demanded submission of COVID-19 vaccine certificate in order to be able to work.

European Union – General Court dismisses actions by retail companies against German aid to undertakings suffering from loss of revenues during pandemic

On 21 December 2022, the EU’s General Court issued three judgments related to the European Commission’s approval of German aid to businesses that suffered revenue losses during the pandemic.

USA – State Supreme Court answers certified question from federal court on COVID-related business interruption cases ruling in favor of insurers

On 12 December 2022, the Supreme Court of Ohio answered a question certified by the United States District Court for the Northern District of Ohio in the context of a COVID-related business interruption case. 

India – High Court states government cannot further delay ex gratia payment to family of policemen dead during first COVID-19 wave

On 15 December 2022, the Delhi High Court urged the government to proceed with the ex gratia payment to the wife of a police constable dead while on duty during the first wave of COVID-19.

USA – Federal appellate court refuses to terminate consent decree requiring jail to put in place several COVID-related actions and protocols

During the outbreak of the COVID-19 pandemic, a number of medically vulnerable and disabled individuals held pretrial at the Shelby County Jail filed a class action asserting claims under the 14th Amendment to the U.S. Constitution for unconstitutional punishment and unconstitutional confinement and for disability discrimination under the American with Disabilities Act (“ADA”) on account of the prison’s inability to protect them against the risk of contracting COVID-19.

Japan – Court sentences members of anti-vaccination group to prison for breaking into vaccination sites

On 22 December 2022, the Tokyo District Court sentenced five members of a non-vaccination group to prison for breaking into a COVID-19 vaccination site.

India – Court refuses to issue order concerning a private contract for the supply of vaccines

On 6 December 2022, the Karnataka High Court refused to provide relief concerning the alleged violation of a private contract for the supply of COVID-19 vaccines.

Spain – Court orders insurer to pay €100,000 compensation for rural hotel forced to close during the pandemic

On 25 October 2022, the Provincial Court of Palma de Mallorca (Balearic Islands) upheld the judgment of a lower court ordering an insurer to compensate a rural hotel owner with almost €100,000 due to the establishment’s forced closure for COVID-19 restrictions in 2020.

USA - Federal judge enjoins enforcement of Montana law precluding employers from knowing persons’ vaccination status in health care settings

Tanzania – Court rules in favour of employer in lawsuit on unfair dismissal

A court in Tanzania has rejected claims filed by employees alleging unfair dismissal from an energy company for COVID-19 related reasons.

Spain – Supreme Court upholds confinement of students in Mallorca during trip

On 9 December 2022, the Supreme Court rejected the appeal by the Public Prosecutor’s Office against the judgment of the High Court of Justice of the Balearic Islands upholding the confinement of students in Mallorca during a study trip in 2021.

USA – Settlement reached in a COVID-related suit over masking requirements and disabled students’ rights

In January 2022, the Governor of Virginia signed Executive Order 2, which provided that parents could opt their children out of masking requirements in Virginia’s schools, even if the school or district had otherwise determined mandatory masking to be an appropriate COVID-19 prevention measure. In February 2022, the Virginia legislature enacted Senate Bill 739, which codified this requirement.

Japan – Court sentences man who refused to wear mask during flight to prison

On 14 December 2022, the Osaka District Court sentenced to two years of prison a man who refused to wear a protective mask during a flight, though suspended for four years.

USA – State Superior Court reverses trial court’s judgment in favor of policyholder in business interruption case concerning commercial property insurance

A company operating a restaurant in Pittsburgh, Pennsylvania, which – like many similarly situated parties – suffered significant disruptions of its business activity on account of the COVID-19 pandemic and related closures, filed suit against its insurer claiming that the economic losses due to the loss of use of its business premises were covered under its commercial property insurance.

Costa Rica – Administrative Court of San Jose provisionally suspends application of measures imposing mandatory vaccination on children of pediatric age

The plaintiff requested the interim suspension of executive decree No. 43364 of 13 December 2021, which imposed compulsory COVID-19 vaccination on children of pediatric age.

India – Court orders university to charge only half rent for students in hostels and to refund the money already paid

On 21 November 2022, the Punjab and Haryana High Court issued an order directed at a university, mandating it to reduce the rent price charged to students in hostels during the COVID-19 to 50% of the ordinary price.

Germany – Federal Administrative Court holds that Bavarian lockdown rules were disproportionate

On 22 November 2022, the Federal Administrative Court ruled that the lockdown restrictions for people to leave their home under the Bavarian Infection Protection Measures Ordinance as amended on 31 March 2020 (BayIfSMV) was disproportionate. The Court confirmed the judgment of the Bavarian Administrative Court that had considered it disproportionate as well and rejected the appeal by the Bavarian government.

Mexico – Supreme Court clarifies separation of powers between local governments and public electoral bodies for electoral processes during pandemic

The President and Executive Secretary of a Jalisco political party brought an action of unconstitutionality before the Supreme Court, requesting the invalidity of the norm that grants local governments exclusive and unilateral power to reduce the duration of electoral campaigns in cases of risk to public health and safety, as occurred due to the spread of the COVID-19 pandemic.

South Africa – Court upholds arbitral award ruling that voluntary resignation from work due to salary cut after COVID-19 lockdown is a constructive dismissal which must be compensated

A labour court in Pretoria heard a dispute between a merchandiser of fashion accessories and a former employee, who resigned from work due to a salary cut after the COVID-19 pandemic.

France – Paris Court of Appeal confirms reinstatement of unvaccinated healthcare worker

On 1 December 2022, the Paris Court of Appeal confirmed the reinstatement of a nurse sophrologist at the Institut Curie (a French cancer research and control center) in Paris, after she had been suspended in September 2021 for refusing to vaccinate. It is the first time in France that a healthcare worker who refused to vaccinate is reinstated.