News

USA – Federal court enjoins California from enforcing bill punishing doctors for COVID-19 misinformation

In 2022, California passed Assembly Bill (“AB”) 2098, a statute providing that “it shall constitute unprofessional conduct for a physician and surgeon to disseminate misinformation or disinformation related to covid-19, including false or misleading information regarding the nature and risks of the virus, its prevention and treatment and the development, safety and effectiveness of covid-19 vaccines”. 

India – High Court states that COVID first line treatment centers are to be considered as hospital for insurance purposes

In January 2023, the Kerala High Court stated that COVID first line treatment centers must be regarded as hospital for the purposes of insurance coverage.

Chile – Constitutional Court orders pharmaceutical company to disclose information regarding the composition of COVID-19 vaccines

On 9 November 2021, a Chilean woman requested the Undersecretariat of Public Health copy of the vaccines' patents, the details of each of their components, information on their origin and common uses, their usual uses, as well as what function they fulfill in the formula of each of the vaccines. The claimant also asked whether there had been any changes in the composition of each of the vaccines for SARS-CoV-2 that have been used in Chile and the information on each component.

USA – Settlement reached in suit relating to fees paid by restaurants during COVID-related closures

In January 2021, the owner of a restaurant filed with the Superior Court of California a class action seeking refunds for the fees, taxes, and/or charges (and any penalty fees) levied by the County and State entities against them during the period when they were forced to close or to severely limit their business activities on account of COVID-related executive orders.

Kenya – High Court orders resume of charges on transfer between bank accounts and mobile money operators, previously suspended due to COVID-19

On 23 January 2023 the Kenyan High Court ruled that commercial banks could resume charging transfers from bank accounts to mobile money operators. The charges had been suspended in 2020 when, due to the pandemic, the Central Bank of Kenya decided to set favorable conditions for the promotion of cashless and online payment methods, at a time when business were under lockdown.

India – Delhi High Court grants teacher permission to work without vaccinating

On 18 January 2023 the High Court of Delhi supported the claim of a secondary school teacher challenging the school’s request to get vaccinated before being allowed to teach. The court noted that the personal autonomy of any individual includes the right to refuse medical treatments and, therefore, the right to refuse vaccination.

Spain – Barcelona court confirms non-liability of airline during pandemic

On 4 October 2022 (recently published), the Commercial Court n°8 of Barcelona held that an airline was not liable for compensation for a flight cancellation during the pandemic.

USA – Federal court holds that federal government must enjoin from enforcing vaccine mandate for federal contractors

As part of his efforts to combat the COVID-19 pandemic, President Biden issued a series of vaccine mandates. The Supreme Court of the United States has already enjoined the federal government from enforcing the OSHA-issued mandate for large employers but has upheld the vaccine mandate for healthcare workers (see the relevant stories published on 15 January 2022 and 21 January 2022 respectively).

Switzerland – Doctor fined for not complying with health measures during pandemic

In a case reported on 23 January 2023, the Hochdorf District Court confirmed a fine of 1000 francs to a general practitioner in Lucerne who violated the law on epidemics during the COVID-19 pandemic.

Japan – Lower court dismisses lawsuit claiming compensation for COVID-related reputational damage

On 25 January 2023, the Tokushima District Court dismissed a restaurant’s lawsuit asking compensation for reputational damage caused by public authorities when, in July 2020, they made it known to the public that a person, later confirmed as a COVID case, had entered into the premises. The plaintiff claimed that the name of the restaurant was made known without consent and that the spread of the news had damaged its reputation.

Peru – The broad extension of procedural time limits under emergency rules cannot apply to the statute of limitations of crimes, Constitutional Court holds

On 19 January 2021, a man was sentenced to six years’ imprisonment for the offence of tax fraud. Following this decision, he filed a habeas corpus application, alleging the violation of his rights to effective procedural protection, due process, reasonable time, due motivation of judicial decisions, judicial impartiality, and the principle of legal certainty.

India – Kin of health workers dead during the pandemic cannot claim double compensation from the state and from the Union government

The Madras High Court ruled that kin of health workers deceased during the pandemic and eligible for compensation cannot claim double payments, relying on both schemes provided by the state government and schemes provided by the central government.

USA – COVID-related economic losses do not per se 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. Under the contract, failure to pay any of the installments would have triggered the seller’s option to demand immediate payment of all outstanding sums.

Bangladesh – Preacher convicted for spreading false information about COVID-19 in his sermons

A preacher was convicted by a Bangladeshi court after being arrested in 2021 for spreading false information about COVID-19.

USA – COVID-related measures merely limiting business operations do not completely frustrate the purpose of commercial lease contracts, State Court states

On 5 March 2020, the Governor of Maryland issued an executive order requiring that pubs and restaurants close by 5pm. Such businesses were permitted to sell their products for carry-out, drive-through, or delivery if they complied with the social distancing measures in force at that time.

Germany – Doctor imprisoned for issuing fake mask exemptions

On 2 January 2023, a German doctor was sentenced to two years and nine months in prison for illegally issuing over 4,000 people with exemptions from wearing masks during the COVID-19 pandemic.

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