News

USA – Texas Professor fired for having challenged college’s COVID-related plan wins settlement under which she will be reinstated in office

In September 2021, a former professor at a Texas college filed suit against the latter alleging that the college had violated her right to free speech and expression under the First Amendment to the United States Constitution.

India – Court orders government to reinstate the biometric system to mark public employees’ attendance, suspended after the outbreak of the pandemic

On 16 November 2022, the Himachal Pradesh High Court ordered the state chief secretary to issue orders to all public departments to reinstate the biometric system to check employees’ attendance at work. Such system had been suspended after the beginning of the pandemic.

Ireland – Court fines leader of protest claiming COVID-19 was a hoax

On 16 November 2022, the Cork District Court fined a far-right activist for breaching health regulations during the pandemic, when she traveled from her home in Dublin to lead a protest in Cork claiming that the COVID-19 virus was a hoax created to control the population. The fine amounts to €750.

Spain – Valencian Community to compensate private sector health professionals for discriminating against them during vaccination campaign

As reported in our story of 5 October 2022, the High Court of Justice of the Valencian Community had rejected the appeal of the Valencian government and upheld an Alicante court decision of 13 January 2022 finding that it had violated the fundamental rights of private practice physicians during the COVID-19 vaccination campaign.

USA – British Airlines settles a dispute over COVID-19 ticket refunds

In the spring of 2020, the COVID-19 pandemic dramatically impacted on the travel industry. The vast majority of the airline companies responded by cancelling flights en masse. Cases were filed against virtually every airline company by customers alleging breach of contract and other claims.

Hong Kong – Former flight attendants convicted for breaching quarantine rules

On 17 November 2022, the Hong Kong Eastern Court has convicted, ordering imprisonment while the sentence is pending, two former flight attendants of Cathay Pacific for breaching quarantine rules.

Canada – Court upholds legality of pre-transplant mandatory COVID-19 vaccine

A woman suffering from an idiopathic condition requiring an organ transplant challenged the legality of the measure that imposes COVID-19 vaccination as a pre-transplant requirement for patients on the waitlist.

USA – Insurer must reimburse entertainment company for costs it sustained in the implementation of pandemic-related protocols, Federal judge states

In 2018, ViacomCBS – a global media and entertainment company that creates and distributes content across various platforms to audiences around the world – bought a Television Production Portfolio Policy to insure its productions against delay, cancellation, or abandonment deriving from several causes of loss.

Australia – High Court upholds Second ICA Tests and draws a close on COVID-related business interruption cases

On 14 October 2022, the High Court of Australia rejected the applications by policyholders for special leave to appeal the decision issued by the Full Federal Court of Australia on 21 February 2022 in well-known COVID-related business interruption cases.

Conference: "The Role of National and International Courts in Health Crisis Management"

USA – COVID-related losses are not covered by an insurance policy for “pollution condition”, federal court holds

An eye care company that had stipulated with its insurer a policy covering, inter alia, losses arising out of a “pollution condition on, at, under or migrating from a location covered by the policy” filed a claim for reimbursement alleging that the COVID-19 pandemic had generated losses falling under such terms of the policy.

France – Restaurant owners win case against insurer for compensation over operating losses during the pandemic

On 1 November 2022, the Commercial Court of Tours held that the exclusion clause in a professional insurance policy of six restaurant owners who suffered operating losses during the COVID-19 pandemic for business interruption was null and void. The Court ordered AXA, the insurance company, to compensate the policyholders.

Kenya – Court discharges doctor accused of issuing false advertisements concerning the sale of COVID-19 test kits

A court in Nairobi has discharged a cosmetic / plastic surgery doctor, owner of a clinic in Nairobi, which was accused of falsely advertising sale of COVID-19 test kits as well as claiming that the clinic provided medical attention to infected people, a service which the doctor and the clinic were not licensed to provide.

USA – Massachusetts Attorney General reaches settlement with nursing home accused of failing to respect infection control and prevention procedures

In May 2022, the Attorney General of Massachusetts filed suit against Sea View nursing home – a nursing home participating in Medicaid deferral program, which provides health coverage to millions of Americans, including eligible low-income adults and children – and its owner alleging that they knowingly and/or recklessly failed to comply with federal and state legislation providing for protection to or for the residents of long-term facilities from COVID-19 virus.

Australia – Supreme Court of Western Australia upholds legality of measures prohibiting police workers access to police facilities unless vaccinated

The applicant, a constable appointed under the Police Act 1892 (Western Australia) that has chosen not to be vaccinated against COVID-19, challenged the validity of the directions issued by the Chief of Health Officer under the Public Health Act.

India – Supreme Court disposes of a petition asking for food and shelter for homeless people during the pandemic

On 31 October 2022, the Supreme Court of India disposed of a petition which sought a writ of mandamus directed at the central government as well as the local governments, in order to provide food shelter for homeless people during the COVID-19 pandemic.

Spain – COVID dismissals should not be considered null, Supreme Court holds

On 19 October 2022, the Spanish Supreme Court resolved a legal controversy that had been raging since the adoption of Royal Decree-Law 9/2022 of 27 March 2020, adopting complementary measures, in the labor field, to alleviate the effects derived from COVID-19. This act adopted by the government was applicable until 31 May 2021.

Canada – Court annuls Chief Medical Officer of Health’s order removing mandatory use of face masks in schools

A group of parents seized the Court of King’s Bench of Alberta, challenging the Chief Medical Officer of Health’s Order 08-2022 which rescinded a previous order requiring masking in schools for grades 4 through 12.

Israel – Defence and Justice ministries file claim against supplier of COVID-19 protective masks for alleged sale of faulty goods

During an ongoing legal dispute between suppliers of COVID-19 masks and the Israeli ministries of Defence and Justice, the latter has argued about the sale of faulty protective equipment.

India – Delhi High Court holds that government must decide whether or not to allow use of homoeopathic medicines for COVID-19

On 1 November 2022, the High Court of Delhi disposed of a writ petition asking for directions to the government to allow use of homoeopathic medicines for treating COVID-19.

European Union – Suspension of transfer of asylum seeker due to COVID-19 pandemic does not interrupt time limit for change of responsible Member State to process application

On 22 September 2022, the Court of Justice of the EU held that the suspension of a decision to transfer an asylum seeker to the Member State responsible for processing their request, due to the COVID-19 pandemic, does not interrupt the six-month time limit under the Dublin III Regulation.

USA – Federal judge allows COVID-related business interruption suit to proceed

By decision of 28 October 2022, the California Eastern District Court ruled that the operators and manager of the stadium of the Sacramento Kings – an American professional basketball team based in Sacramento, California – and the owners of nearby businesses can proceed with their COVID-related coverage lawsuit.

Canada – Insurance company agrees to settle COVID-related class action filed by policyholders whose travel had been cancelled on account of the pandemic

In September 2020, a number of Canadian travelers who had bought a travel insurance policy from TD Home and Auto Insurance Company and who were denied trip cancellation coverage during the COVID-19 pandemic filed a class action lawsuit before the Ontario Superior Court of Justice alleging breach of contract on the part of the insurer. The latter denied reimbursement to the insured because they had been offered credits or vouchers in lieu of refunds.

Ireland – High Court oversees settlement over level of losses in business interruption case favoring policyholders

In 2021, the High Court had upheld the claims of pub owners in Ireland who claimed their insurance policy with FBD Insurance plc covered cases of business interruption like those caused by government orders during the COVID-19 pandemic.

Brazil – Testing positive to COVID-19 does not constitute a reasonable basis for the application of alternative measures to imprisonment, such as house detention

An applicant accused of the crimes of murder and attempted murder filed an habeas corpus action, seeking to obtain the annulment of the arrest decree due to excessive delay in the formation of guilt, inadequate grounds for prison sentence and illegitimate application of imprisonment instead of the alternative measure of house arrest.

Israel – Supreme Court issues provisional order asking government to justify why the Security Agency’s powers should not be limited to exigent and clandestine circumstances

The Supreme Court of Israel, partially upholding the claim of an association for civil rights, issued a provisional order directed at the Israeli government, the Israeli Security Agency, and the Committees for foreign affairs and security of the Parliament. The order demanded that any extension to the powers of the Security Agency beyond exigent and clandestine circumstances be justified.

Singapore – Court jails a man who had operated a taxi service despite having COVID-19 symptoms

On 2 November 2022 a Singapore Court issued its final judgment on a criminal case involving a man who, in July 2020, continued to operate his taxi service despite having COVID-19 symptoms, while refusing a test and also refusing to stay home. 

Canada – Despite current relaxation of government restrictions, an employer has the right to require employees to take mandatory vaccination

On 14 June 2022, a work union filed a grievance challenging the mandatory policy related to COVID-19 enacted by an employer on 20 December 2021. In particular, the policy required employees to become "fully vaccinated" and to prove their vaccination status.

Spain – Constitutional Court upholds judicial authorization to vaccinate an incapacitated person

On 26 October 2022, the Spanish Constitutional Court unanimously rejected a request for precautionary suspension of the judicial authorization (granted by the Court of First Instance No. 2 of Telde upholding the Provincial Court of Las Palmas) for a residence to administer a COVID-19 vaccine to an elderly person who suffered from Alzheimer’s disease and whose capacity had been modified by a court decision.

Brazil – State court applies constitutional review of preventive detention in light of evolving health crisis

In this constitutional action of habeas corpus, the applicant sought his release alleging inadequate reasoning of the arrest decree. In addition, he highlighted the existence of favorable subjective conditions, sufficient to revoke his preventive detention.