12 July 2023 / Case law
USA – Student loan forgiveness, Supreme Court: HEROES Act does not authorize COVID-related cancellation plan
The student loan forgiveness program issued by the Secreatry of Education had been challenged by six States
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11 July 2023 / Case lawIndia – Social media, High Court dismisses Twitter plea: government order to block accounts and content was legitimate
India's Karnataka High Court dismissed Twitter's plea challenging the federal government's orders to block tweets and accounts and imposed a fine of 5 million rupees
11 July 2023 / Case lawSpain – Demonstration banned in 2020, Constitutional Court against far-right party's appeal
The decision to prohibit La Falange from demonstrating in May 2020 was proportionate and justified because it pursued the legitimate aim of protecting public health
7 July 2023 / Case lawCanada – Supreme Court of Canada dismisses appeal filed by transplant candidate removed from organ donor waiting list for refusing COVID vaccine
By judgment of 8 June 2023, the Supreme Court of Canada dismissed the appeal filed by a patient suffering from terminal illness who had been removed from the high priority waiting list to receive a life-saving organ transplant on account of her refusal to get the COVID vaccine.
7 July 2023 / Case lawBrazil – Santa Catarina Tribunal upholds ruling in favor of union in labor lawsuit against municipality of Urussanga
On 13 June 2023, the Tribunal of Santa Catarina (First Public Law Chamber) issued a judgment in an appeal filed by the Municipality of Urussanga against a decision in a labor lawsuit brought by the Union of Public Service Workers of Criciuma and Region – Siserp.
5 July 2023 / Case lawUSA – State appeal court takes different views on the constitutionality of State Supreme Court’s order suspending statute of limitations during the pandemic
In June 2021, a man filed a medical malpractice suit against a hospital and several doctors. Since the facts complained of had occurred in 2014, the defendants argued that plaintiff’s complaint was barred by the applicable six-year statute of repose.
5 July 2023 / Case lawMalaysia – Court acquits politician of fake news charges related to COVID-19 pandemic
On 23 June 2023, the Kuala Lumpur Sessions Court acquitted a member of a Malaysian nationalist party of charges related to the spread of fake news during the COVID-19 pandemic, concerning, in particular, the role of Indian nationals in Malaysia as a source of infection and vaccine-related deaths.
3 July 2023 / Case lawItaly – Administrative Court upholds mandatory vaccination for military officials
In a judgment of 22 June 2023, the Italian Administrative Court of Marche has rejected the plaintiff’s claim that he did not have an obligation to vaccinate and that the suspension from the job by the military administration was unlawful.
3 July 2023 / Case lawSpain – Supreme Court denies compensation for Valencian doctors’ lack of medical supplies during pandemic
On 21 June 2023, the Supreme Court has rejected the appeal of doctors seeking compensation for the lack of medical supplies during the pandemic. The highest court confirmed the rulings of the regional High Court of Valencia, which exempted the Valencian government from paying damages for moral and material harm.
30 June 2023 / Case lawItaly – Brescia Criminal Court acquitted former Italian Prime Minister and the Minister of Health, accused of negligent epidemic
The defendants, the Italian former Prime Minister and the Minister of health at time of pandemic, were accused of negligent epidemic for failure to create the red zone and to adopt organizational and restrictive measures aimed at contrasting the pandemic.
30 June 2023 / Case lawUSA – Supreme Court denies defendants’ petition to review federal court decision to allow the main prosecution witness to testify by video on account of the pandemic
The main prosecution witness of a federal white-collar trial for bank fraud was allowed by the trial court to testify by remote video teleconference rather than in person on account of travel-related health concerns connected to the then ongoing COVID-19 pandemic.
29 June 2023 / Case lawUSA – Ski resort company that failed to give passholders refund for COVID-related anticipated closures did not breach contract, Circuit Court holds
In March 2020, a company that operates ski resorts closed its facilities on account of the COVID-19 pandemic and did not reopen them until the start of the 2020/2021 ski season. That company failed to refund customers who had bought 2019/2020 passes. Indeed, when it had commercialized such passes, the company had expressly stated that they did not allow cancellations or refunds of any kind.
29 June 2023 / Case lawSpain – Court orders compensation for patient forced to seek private healthcare during pandemic
On 12 June 2023, the Administrative Court No. 1 of Pontevedra has ordered the Galician government to pay €7,140 to a patient who had to seek private healthcare in April 2020 for a herniated disc.
27 June 2023 / Case lawFrance – Council of State rules in favor of pharmacist's challenge to COVID-19 vaccination sanctions because the administration exceeded the legislative mandate
On 13 June 2023, the French Council of State – the country's highest administrative court – has ruled in favor of a pharmacist who refused to be vaccinated against COVID-19. The court found that the Minister of Health did not have the authority to impose certain sanctions outlined in a ministerial instruction to regional health agencies.
27 June 2023 / Case lawChile – Supreme Court rules against including children under 3 in COVID-19 vaccination plan
On 23 May 2023, the Chilean Supreme Court (Third Constitutional Chamber) revoked an appellate judgment of 24 January 2023 that had considered the exclusion of children under 3 in the country’s COVID-19 vaccination plan unconstitutional.
23 June 2023 / Case lawIndia – Court orders to take down from the internet posts about COVID-19 vaccine considered as prima facie defamatory
On 5 June 2023, the Bombay High Court ordered several people operating on websites and social media to remove statements posted online emphasizing allegedly negative side-effects of Covidshield Vaccine for COVID-19.
23 June 2023 / Case lawUSA – COVID-related suspension of rapid delivery for prime subscribers by Amazon was not in breach of contract, Circuit Court holds
At the start of the pandemic, Amazon stopped providing rapid delivery to customers who had subscribed to Amazon Prime, i.e., a fee-based subscription service which entails receipt of several benefits not available to other Amazon customers, including rapid delivery. The subscribers were not notified of the suspension and continued to pay full price for their memberships.
23 June 2023 / Case lawCosta Rica – Supreme Court upholds confidentiality of COVID-19 vaccine contract
On 12 May 2023, the Constitutional Chamber of the Supreme Court rejected a request for amparo filed by a citizen requesting information on the contract with a pharmaceutical company for the purchase of COVID-19 vaccines.
21 June 2023 / Case lawChile – Supreme Court overturns judgment denying appeal in pandemic-affected medical malpractice case
On 15 May 2023, the Supreme Court annulled a judgment that denied the admissibility of an appeal in cassation in a civil liability suit against a hospital for a failure in service consisting of the failure to diagnose in a timely manner an arterial thrombosis that led to the amputation of the plaintiff's leg and the toes of the other foot.
21 June 2023 / Case lawColombia – Constitutional Court demands inclusion and equality: Colombian women's fight for Solidarity Income Program recognized
On 16 May 2023, the Constitutional Court reviewed a tutela action brought by women in vulnerable situations claiming their inclusion in the Colombian government's Solidarity Income Program, arguing that their right to equality had been violated because they had not been classified as beneficiaries.
20 June 2023 / Case lawItaly – Data Protection Authority fines apartment administrator €2,000 for illegally disclosing COVID-19 test results in email
On 23 March 2023, the Italian Data Protection Authority addressed a complaint filed claiming that the administrator of an apartment building violated data protection regulations by sending an email to all residents disclosing that their family had tested positive for COVID-19.
20 June 2023 / Case lawFrance – Supreme Court rules commercial tenant must pay rent despite COVID-19 restrictions
On 15 June 2023, the French Supreme Court held that the debtor of an unfulfilled contractual obligation to pay a sum of money cannot be exempted from this obligation by invoking a force majeure event. Therefore, the inability to carry out an activity due to government measures taken to combat the spread of the COVID-19 virus cannot excuse a commercial tenant from paying rent.
20 June 2023 / Case lawUSA – Settlement reached in COVID-related suit challenging Delta Airlines’ refund policies
On account of the pandemic, in March 2020 Delta Airlines – like many other airline companies – cancelled the vast majority of its flights. A number of persons who had booked flights that were later cancelled, asked the company to issue a refund.
16 June 2023 / Case lawIndia – Supreme Court rejects plea challenging revival of rule setting eligibility criteria for JEE Advanced students
On 28 May 2023, the Supreme Court dismissed a plea which sought to waive the requirement of 75% mark in class XII or equivalent for candidates to Joint Entrance Examination. Class XII corresponds to the secondary school class leading to the Senior School Certificate Compartment Examination.
16 June 2023 / Case lawEU – Passengers on repatriation flights not entitled to same rights as commercial flights during pandemic
In a judgment of 8 June 2023, the Court of Justice of the European Union clarified the rights of passengers in the context of flight cancellations during the COVID-19 pandemic.
15 June 2023 / Case lawEU – European Court of Justice strikes down COVID-19 travel voucher scheme, demands full refunds for package holidays
In two judgments of 8 June 2023, the Court of Justice of the European Union has ruled that national legislation allowing travel organizers to provide vouchers instead of full refunds for terminated package travel contracts due to the COVID-19 pandemic is incompatible with EU law.
15 June 2023 / Case lawSpain – Supreme Court's ruling grants hoteliers tax relief for COVID-19 closure period
On 30 May 2023, the Supreme Court has made two significant rulings regarding hoteliers’ tax obligations during the COVID-19 lockdown.
15 June 2023 / Case lawUSA – Employees are not entitled to blanked religious exemption from Covid vaccine mandate if it runs contrary to State Law, Federal Court holds
On 13 August 2021, a health care company operating several hospitals in New York implemented a mandatory covid-19 vaccination policy which required all workforce members, including nurses, to be fully vaccinated against covid-19 by September 2021; the policy also provided for limited medical and religious exemptions.
12 June 2023 / Case lawIndia – District consumer forum orders insurance company to pay compensation to an insured subject who was treated for Covid
The district consumer forum of Jabalpur upheld a claim filed by a person which had stipulated a health insurance policy covering Covid treatment but later saw his request for payment refused by the insurance company.
12 June 2023 / Case lawUSA - Federal court approves class action settlement over failure by the Immigration and Customs Enforcement to protect vulnerable detainees from contracting Covid-19
By judgment of 30 May 2023, the Western District of Washington gave its final approval to a class action settlement reached between a class of vulnerable immigrants detained at the Tacoma Northwest Detention Center in Tacoma, Washington, during the pandemic and the U.S. Immigration and Customs Enforcement (“ICE”).
9 June 2023 / Case lawAustria – The State cannot be held responsible for Covid-19 spread in Ischgl, Supreme Court states
On 15.05.2023 the Supreme Court rejected the claims of a German tourist who invoked Austria’s state liability after contracting Covid-19 in Ischgl in early 2020.
9 June 2023 / Case lawHong Kong (China) – Health practitioner is jailed for trying to bribe a nurse in exchange for a Covid-19 vaccination record
On 24 May 2023, a practitioner working for a government-designated heath center in Hong Kong was jailed due to an attempt at bribing a nurse at a vaccination point in order to try and obtain a vaccination record without having actually been injected with the vaccine.
9 June 2023 / Case lawTurkey – Court ruling paves the way for Covid-19 fine refunds: mask mandate violators to reclaim payments
On 5 April 2023, the Constitutional Court has annulled a legal provision stating that fines paid for violating the mask mandate during the Covid-19 pandemic were non-refundable.
7 June 2023 / Case lawEuropean Union – General Court strikes down EU Commission’s approval of Covid-19 aid to Italian airlines due to legal issues
On 24 May 2023, the EU’s General Court has annulled a decision by the European Commission to approve an aid measure involving subsidies paid by Italy to Italian airlines during the Covid-19 pandemic, to cope with its negative economic consequences. The Commission failed to provide a sufficient statement of reasons for its finding that the measure did not violate EU laws other than those governing State aid.
7 June 2023 / Case lawUSA – District Court clarifies some aspects of COVID-related class actions over university’s tuition and fees during the pandemic
Two students who were enrolled as full-time undergraduate at the Brandeis University in the Spring 2020 – like many others in the USA – filed suit against their university (a private educational institution) challenging its decision to retain the full tuition and fees collected from students from the Spring 2020 semester despite closing its on-campus facilities and transitioning from in-person to online learning.
5 June 2023 / Case lawJapan - Court upholds dismissal of worker after an outbreak of the virus on a cruise ship
On 28 May 2023 a court in Tokyo upheld the dismissal from work of a previous employee of a famous cruise ship which in 2020 experienced a COVID outbreak on board.
