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Breaking News and Announcements

Breaking News and Announcements

4 October 2022 / Case law
USA – Supreme Court of Vermont first state high court to rule in favor of policyholder in COVID-19 business interruption case
With a 3-2 ruling filed on 26 September 2022, the Vermont Supreme Court overturned a trial court ruling that had dismissed the lawsuit filed by a policyholder – Huntington Ingalls Industries, i.e., the largest military shipbuilding company in the United States – which alleged that there was coverage under an all-risk property insurance policy for certain losses incurred due to the COVID-19 pandemic.
30 September 2022 / Case law
India – Supreme Court dismisses petition against order about wearing masks in public
On 19 September 2022 the Supreme Court of India dismissed a Public Interest Litigation filed by a lawyer against an order of the government of the state of Telangana rendering it mandatory to wear masks in all public places and work places.
30 September 2022 / Case law
Canada – Employer’s unilateral policy requiring employees to take a three-dose vaccination is legitimate and reasonable
A labour union challenged an employer’s health policy requiring employees of a long-term care home to take mandatory three-dose vaccination against COVID-19.
30 September 2022 / Case law
USA – Bank accused of having unlawfully issued a COVID-related subsidized loan reaches a settlement with the US Department of Justice
In response to the economic losses incurred by businesses on account of the COVID-19 pandemic, the US Government enacted the Coronavirus Aid, Relief and Economic Security (CARES) Act which authorized the issuance of special Paycheck Protection Program (PPP) loans to small businesses experiencing economic hardship.
28 September 2022 / Case law
Belgium – Constitutional Court annuls some aspects of contact tracing scheme due to data protection concerns
On 22 September 2022, the Belgian Constitutional Court held that several aspects of the provisions organizing the tracing of COVID-19 infections were unconstitutional.
28 September 2022 / Case law
South Korea – Court orders compensation for side effects of COVID-19 vaccine
For the first time, a Korean court in Seoul awarded compensation to a man claiming to suffer from injury due to COVID-19 vaccine.
27 September 2022 / Case law
Canada – The Supreme Court of British Columbia found that the Vaccine Passport Regime did not infringe the fundamental rights of individuals
The petitioner, a not-for-profit society incorporated under the Societies Act, challenged the constitutional validity of the Food and Liquor Serving Premises Order and the Gathering and Events Order, both issued on 10 September 2021, in response to the COVID-19 pandemic by the British Columbia's Provincial Health Officer (PHO).
27 September 2022 / Case law
USA – Another settlement reached in a COVID-19 tuition lawsuit
As discussed in previous posts (about Rutgers University, George Washington University and American University, New York University and Baylor University) many coronavirus lawsuits have been filed throughout the United States to seek reimbursement for college tuition, room, board, meal plans, and fees.
27 September 2022 / Case law
Italy – First instance court rules against claimant suspended by Facebook to spread fake news about COVID-19
On 27 July 2022, the First Instance Court of Varese (Tribunale civile) rejected a challenge by a Facebook user who was suspended from the social media for spreading fake information about COVID-19.
23 September 2022 / Case law
New Zealand – Measures restricting (religious) public gatherings to avert the spread of the Omicron variant are justified, proportional, and reasonable
Two religious communities brought an action against the Minister for COVID-19 Response and the Director General of Health, claiming that New Zealand government’s response to the pandemic, namely restrictions imposed on several activities including religious gathering, were unlawful because they limited the right of the applicants to manifest their religious beliefs, as enshrined in Section 15 of the Bill of Rights Act.
23 September 2022 / Case law
France – Paris court dismisses challenge by news website against Google for suspending its services due to conspiracy content
On 6 September 2022, the Commercial Court of Paris dismissed the claims made by Shopper Union – the publishing company of the France-Soir website – against Google, which had cut off the website from its advertising network, dereferenced it from its news service, and suspended its YouTube channel because of content that violated its rules.
21 September 2022 / Case law
Germany – Dentist banned from working due to refusal to vaccinate
On 8 September 2022, the Higher Administrative Court of Lower Saxony in Lüneburg rejected a dentist’s appeal against the decision of the Administrative Court of Osnabrück which had upheld the ban of the applicant’s professional activities due to his refusal to vaccinate against COVID-19.
21 September 2022 / Case law
Brazil – The Permanent People’s Tribunal finds President Bolsonaro guilty of crimes against humanity and gross violation of human rights for his action during the COVID-19 pandemic
Several human rights organizations filed a claim before the Permanent People’s Tribunal against President Bolsonaro for his actions during the spread against the COVID-19 pandemic.
21 September 2022 / Case law
USA – State Court rules in favor of policyholder in COVID-19 business interruption claim
By judgment of 2 September 2022, a Texas jury held that COVID-19 caused direct physical loss or damage to the property of Baylor College of Medicine – a health sciences university – and awarded the institution $48.5 million from the insurer that provided it with commercial property insurance.
21 September 2022 / Case law
Italy – Death of frontline doctor who died at the outset of the pandemic qualified as occupational accident by Trento Tribunal
In early September 2022, the Labor Tribunal of Trento ordered the social security agency to compensate the brother of a frontline doctor – her sole heir – with 125,000 euros, as her death caused by COVID-19 should be qualified as an occupational accident.
21 September 2022 / Case law
Bangladesh – CEO of non-governmental healthcare organization files appeal against verdict sentencing him to 11 years of imprisonment for issuing fake COVID certificates
The CEO of a non-governmental healthcare organization has filed an appeal against a verdict of the Additional Chief Metropolitan Magistrate in Dhaka which sentenced him, his wife (chairperson of the organization) and six other people to 11 years of imprisonment.
21 September 2022 / Case law
USA – Federal judge holds AstraZeneca did not have “generalized duty” to disclose “negative facts” about the COVID-19 vaccine trials
By decision of 12 September 2022, the District Court for the Southern District of New York dismissed a lawsuit filed by a number of AstraZeneca shareholders alleging that the pharmaceutical company misled investors about the progress of clinical trials for its COVID-19 vaccine.
16 September 2022 / Case law
Spain – Supreme Court reviews criminal sentences after government decree imposing lockdowns was declared unconstitutional
On 25 May 2022, the Criminal Chamber of the Spanish Supreme Court upheld the appeal for review (recurso de revisión) filed by a man against issued by Criminal Court No. 2 of Elche.
16 September 2022 / Case law
Australia – Employer lawfully dismissed worker who refused to vaccine against COVID-19
The Construction, Forestry, Maritime, Mining and Energy Union seized the Fair Work Commission on behalf of a concreter employed by an important construction company. In its submission, the plaintiff alleged that the worker last performed work for the business on about 6 July 2021 and that, since 20 July 2021, he has been absent (mostly without pay) due to his decision not to be vaccinated against COVID-19.
16 September 2022 / Case law
India – Court directs the Electoral Commission to ensure that all political parties taking part in electoral competitions follow COVID-19 guidelines
On 8 September 2022 the Delhi High Court heard a Public Interest Litigation filed by the Chairman of Centre for Accountability and Systemic Change (CASC).
16 September 2022 / Case law
USA – Federal Appeal Court upholds COVID safety rules for farmworkers issued by the Governor of Washington
In May 2020, the Governor of Washington issued a number of COVID-related rules which acknowledged the hazards posed by the pandemic and prohibited any agricultural employer from continuing to operate beyond 3 June 2020, unless the employer complied with a number of safety requirements, which included, inter alia, providing the employees with personal protection equipment and ensuring physical distancing.
12 September 2022 / Case law
Chile – Failure by a supermarket to adequately implement safety measures against COVID-19 constitutes a violation of the Law on the Protection of Consumer Rights
On 27 September 2021, the 1st Local Police Court of Copiapó found that a supermarket had violated Law no. 19,496 on the Protection of Consumer Rights for not indicating the price per unit for certain dairy products as well as for not having implemented adequate safety measures – i.e. setting a maximum capacity allowed in the premise – to prevent the spread of COVID-19.
12 September 2022 / Case law
Namibia – Supreme Court rules unconstitutionality of Presidential Regulation which prevented employers from reducing workers’ salaries during lockdowns
On 2 September 2022, the Supreme Court of Namibia declared invalid a presidential regulation issued in the spring of 2020, during the first national lockdown in the country.
12 September 2022 / Case law
USA – Federal Appeal Court reinstates student’s suit seeking reimbursement of tuition and fees from a university after COVID-19 restrictions were imposed
On 23 August 2022, the Court of Appeals for the Fifth Circuit partly reversed a District Court ruling and restored the lawsuit filed by a student at Baylor University seeking reimbursement of tuition and fees paid for the Spring 2020 semester.
9 September 2022 / Case law
Israel – Court confirms the permanent revocation of medical license for a virus-denier and anti-vaccine doctor
On 29 August 2022, the Jerusalem District Court rejected the appeal of a former medical doctor whose license had been revoked by the Health Ministry, following the publication of denigrating articles towards the medical community written by the doctor himself, as well as his public call to violate COVID guidelines issued by the Ministry.
9 September 2022 / Case law
Spain – Airline acted in bad faith by not reimbursing passenger unable to travel during lockdown, despite legal duty to refund
On 29 June 2022 (reported on 30 August 2022), the Commercial Court n°1 of Alicante held that Thai Airways had to pay a passenger €611.11 for the reimbursement of a return ticket from London to Bangkok in April 2020, since she could not travel because of lockdown measures imposed at the outset of the COVID-19 pandemic.
7 September 2022 / Case law
Germany – Police can expulse person suspected of being infected with COVID-19 at a demonstration, Berlin Administrative Court holds
On 3 August 2022, the Berlin Administrative Court (1st chamber) held that the police could expel a person participating in a demonstration against the government measures to combat the COVID-19 pandemic, over suspicions that the person might be infected with the virus.
7 September 2022 / Case law
India – Supreme Court accepts to hear matter on alleged vaccine-related death of two girls
On 29 August 2022, the Supreme Court of India gave notice to the government of India, stating that it has accepted to hear a writ petition filed by the parents of two girls dead after receiving vaccine.
7 September 2022 / Case law
Spain – Supreme Court rejects claims that highway concession contract should be rebalanced due reduced traffic during the state of alarm
On 19 July 2022, the Spanish Supreme Court rejected a challenge by Autopista del Sureste Concesionaria Española de Autopistas (Ausur) – the concessionaire operating the AP-7 Alicante-Cartagena highway – against the Spanish Government’s decision not to compensate the company for the negative impact on traffic during the state of alarm declared on 14 March 2020 and provoked by the COVID-19 pandemic.
5 September 2022 / Case law
Austria – Tourists entitled to compensation after authorities misinformed them of the spread of COVID-19 in a ski resort
On 25 July 2022, the Higher Regional Court of Vienna held that Austrian authorities were responsible for “illegal and culpable information” when, in March 2020, they communicated – or, more precisely, failed to communicate – about the spread of COVID-19 in the ski resort of Ischgl.
5 September 2022 / Case law
Singapore – Man accused of exposing others to risks of infection is given new charges almost a year after failing to show up in court to plead guilty
On 1 September 2022, a court in Singapore gave new charges to a man who had been charged in 2021 for exposing others to the risk of infection.
5 September 2022 / Case law
Europe – The European Court of Human Rights declares inadmissible an application challenging COVID-related measures enacted in Romania
On 1 September 2022, the European Court of Human Rights declared inadmissible the application filed by a Romanian law professor and practicing lawyer against COVID-19 related measures put in place by the government of Romania following the declaration on 18 May 2020 of a state of alert which had repeatedly been extended until 8 March 2022.
2 September 2022 / Case law
USA – Employers relying on Department of Labor regulations in the application of the Families First Coronavirus Response Act may avoid liability
By decision of 19 July 2022, the District Court for the District of New Jersey gave some guidance in respect of suits relating to employers’ liability for alleged violations of the Families First Coronavirus Response Act (i.e. an Act of Congress meant to respond to the economic impacts of the COVID-19 pandemic which also contained work-related measures; hereinafter, “FFCRA”).
1 September 2022 / Case law
Germany – Federal Constitutional Court rejects challenge against mandate requiring children to be vaccinated against measles
On 21 July 2022 (published on 18 August 2022), the Federal Constitutional Court rejected the challenges of several parents of minor children against the obligation to show proof of vaccination against measles for children of at least one year of age to receive early childhood or preschool education and day care.
1 September 2022 / Case law
Peru - Any measures requiring “manual” workers to provide proof of vaccination against COVID-19 to access workplaces violate their fundamental right to work
On 8 December 2021, claimants brought an amparo action against Decree n. 168-2021-PCM seeking a declaration that the measures provided therein – most specifically a duty to provide proof of vaccination against COVID-19 (at least three doses) for drivers in the private and public transport sectors – are inapplicable to them.
1 September 2022 / Case law
USA – Federal judge approves settlement in favor of disabled employee discriminated against during the pandemic
In September 2021, the Equal Employment Opportunity Commission (EEOC) – i.e., an agency of the USA charged with the interpretation, administration and enforcement of Title I of the “American with disabilities Act” (hereinafter “ADA”) – filed suit against a gas company for having unlawfully discriminated against a former employee by laying off and then terminating him based on his disability and his record of this disability.

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