19 April 2023 / Case law
UK – Pub that repeatedly challenged covid measures loses licence
Stockton Council’s decision to revoke a pub’s licence has recently been confirmed by the High Court of Leeds after a two-year-long legal battle.
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17 April 2023 / Case lawUSA - School quarantine policy is in breach of unvaccinated children’s right to be admitted and/or attend school, State high court states
In August 2021, the Edmond Public School District (Oklahoma) implemented a quarantine policy requiring unvaccinated students who had not tested positive for COVID-19 within ninety days and who were identified as a close contact of a positive COVID-19 case to quarantine for either seven or ten days.
17 April 2023 / Case lawHong Kong (China) – Court sentences to community service man who used a fake Covid-19 tracing app
In 12 April 2023, the Eastern Court of Hong Kong sentenced a civil servant to 140 hours of community service due to having attempted at entering workplace, in 2022, by using an imitation of the official government Covid-19 risk exposure app.
17 April 2023 / Case lawIndia – High Court grants bail to doctors and pharmacists accused of administering fake Covid vaccines
The High Court of Bombay has granted bail to several people accused of participating in a fraud scheme to administer fake Covid vaccines. The people were arrested in 2021.
14 April 2023 / Case lawFrance – False negative test certificates during the second wave of Covid-19: three health professionals convicted
Three health professionals were found guilty of drawing up and using inaccurate attestations as well as of endangering the lives of others after issuing nearly 500 false Covid-19 test certificates during the second wave of the pandemic.
14 April 2023 / Case lawUSA - Covid-related law providing that personal guaranty clauses in commercial leases “shall not be enforceable” is unconstitutional, Federal Court states
In response to the covid-19 pandemic, the City of New York passed a series of laws, bylaws and executive orders aimed at alleviating the financial burdens faced by small businesses.
14 April 2023 / Case lawIndia – Supreme Court allows medical students returning from China and Philippines due to the pandemic to access the final medical examination
On 28 March 2023, the Supreme Court allowed medical students who had returned to India from China and the Philippines due to the pandemic to get access to the final medication examination (MBBS) in two attempts, without being enrolled in Indian medical universities.
12 April 2023 / Case lawAustralia – The Supreme Court of New South Wales annuls Covid-related penalty notices issued for the violation of quarantine prescriptions
On 14 July 2022, three plaintiffs challenged penalty notices (a fine) issued to them for having allegedly violated the restrictions on the freedom of movement introduced by the government to avert the spread of Covid-19 (quarantine).
12 April 2023 / Case lawSingapore – Man who threatened business owner of reporting violation of Covid-19 emergency measures is found guilty of extortion
A court in Singapore condemned to two months of prison and a stroke of the cane a man who tried to get a business owner to give him money by threatening to report a violation of Covid-19 emergency measures.
12 April 2023 / Case lawUSA - City mayor was not required to bargain with representatives of city employees prior to amending covid-19 vaccination policy, State Highest Court says
On 12.8.2021, the City of Boston enacted a covid-19 policy requiring all city employees either to verify they were vaccinated against covid-19 or to submit proof of a negative covid-19 test every seven days. The terms of such a policy had been the object of a memorandum of agreement (MOA) bargained with two unions that represented firefighters and police within the City.
5 April 2023 / Case lawSpain – Insurance company ordered to compensate a hotel for the losses suffered during the pandemic
The 5th section of the Court of First Instance of Pamplona ordered an insurance company to compensate a local hotel with 43,300 euros for the days in which it was closed due to the Covid-19 pandemic.
5 April 2023 / Case lawUSA - State Supreme Court overturns appellate court’s ruling in favor of policyholder in covid-related business interruption case
On 15.6.2022, the Court of Appeal of Louisiana, Fourth Circuit, adopted a judgment which - contrary to the general trend of both state and federal courts in covid-related business interruption cases - was in favor of an insured restaurant which had claimed that the all-risks insurance policy it had purchased from its insurer provided coverage for any loss or damage caused by continuous contamination by COVID-19.
5 April 2023 / Case lawIndia - Supreme Court clarifies that parole due to Covid-19 does not count towards the period of imprisonment decided in the sentence
On 24 March 2023 the Supreme Court ruled that prisoners who where released on parole during the Covid-19 emergency in order to avoid overcrowding of prisons cannot count such period of parole towards the actual time of imprisonment they have been condemned to.
3 April 2023 / Case lawColombia – The Constitutional Court ordered to government to address the impacts caused by Covid-19 on education and to formulate a public policy for possible future disruptive events
By decision no. T-042 of 23 march 2023, the Constitutional Court ordered the government, represented by the President of the Republic and the Minister of Education, to comply with its previous ruling no. SU-032 of 2022, which required the government to carry out an assessment, at both national and territorial levels, of the impact of the Covid-19 pandemic on education, including its effects on students (especially children) and teachers.
3 April 2023 / Case lawIndia – Supreme Court orders prisoners released on parole due to Covid-19 emergency to surrender themselves
On 24 March 2023 the Supreme Court of India ordered that all prisoners who were released on parole due to Covid-19 emergency have to surrender themselves to the authorities within 15 days and go to prison.
3 April 2023 / Case lawUSA - Reminders to comply with safety protocols and posts by employers encouraging employees to get the covid-19 vaccine do not create hostile work environment, Federal Court says
In September 2021, an Arizona-based company enacted a mandatory covid-19 vaccination policy for all its employees. It also provided an exemption for those objecting to the vaccination for religious or medical reasons on the condition that the employees with vaccination exemptions wear masks and test weekly for covid-19.
31 March 2023 / Case lawSpain – Airports operator loses 90% of COVID-19 rental disputes with shops at airports
Aena, the Spanish airport operator, has lost 90% of its court cases in first instance against shops and restaurants operating in its airports and requiring a renegotiation of their lease contracts in the context of the COVID-19 pandemic.
31 March 2023 / Case lawCanada – Employer’s vaccination policy frustrates contract, no damages for employee
The plaintiff, an employee of a federally regulated entity that provides satellite television and smart home services on behalf of another entity, challenged the mandatory COVID-19 vaccination policy implemented by the latter for installers.
31 March 2023 / Case lawUSA – Mask mandate in public schools not adopted by School Board in public session is not unlawful, state court holds
The parent of a child enrolled at DeWitt Public School District filed suit against the latter, the Dewitt Public Schools Board of Education and the DeWitt Public Schools Superintendent, challenging the pandemic-related mask policy implemented at the beginning of the 2021-2022 school year in the School District in question.
29 March 2023 / Case lawNew Zealand – The High Court of New Zealand annuls the Minister’s Order requiring family carers to vaccinate against COVID-19
The applicants, a group of family carers, seek judicial review of an order by the Minister for COVID-19 Response which required family carers to be vaccinated against COVID-19, failing which they would lose public funding for the services they provided to family members.
29 March 2023 / Case lawUSA – COVID-related vaccination suit stayed pending SCOTUS decision on whether the de minimis cost test for religious accommodations continues to apply
Two former Biosimilar Account Specialists at Amplity Inc. – a global authority in scientific stakeholder engagement – who were fired for not having complied with the company’s vaccination policy on account of their religious beliefs filed suit alleging inter alia that the employer had discriminated against them on the basis of both their religion and disability.
29 March 2023 / Case lawSouth Africa – Accountant is sentenced to jail for fraud, due to misappropriation of COVID relief funds
On 8 March 2023, the Pretoria Specialised Commercial Crimes Court sentenced an accountant to six years of jail after founding him guilty of orchestrating a fraud in order to misappropriate COVID relief funds.
27 March 2023 / Case lawUSA – Suit challenging COVID-related federal agency’s changes to hunting practices on federal lands in Alaska is not moot, federal appellate court says
In early 2020, with the onset of the COVID-19 pandemic2020, the Federal Subsistence Board (“FSB”) received numerous emergency special action requests from subsistence users related to food security concerns.
27 March 2023 / Case lawIndia – High Court orders government to issue compensation order for relatives of cop deceased during the pandemic
On 22 March 2023, the Delhi High Court directed the state government to submit to the new Group of Ministers an order to compensate the family of a policeman dead of COVID while on duty during the pandemic.
27 March 2023 / Case lawUganda – Professor recognized as true and sole owner of drug used for COVID treatment
On 17 March 2023, the High Court of Kampala declared that an Associate Professor of the Mbarara University of Technology is the sole and true owner of a drug used for COVID treatment developed by him, thus granting him also the economic rights to exploit such invention.
24 March 2023 / Case lawSpain – High Court recognizes additional compensation for unfair dismissal
A recent ruling by the Social Chamber of the Catalan High Court recognized a worker an additional compensation for an unfair dismissal beyond the legally established compensation. It is the first time in Spain that such compensation has been granted based on personal and individualized circumstances.
24 March 2023 / Case lawFrance – Court overturns suspension without pay for unvaccinated hospital workers on sick leave
The Administrative Court of Nîmes has ruled in favor of two healthcare workers, a nurse and a childcare assistant, who were suspended without pay from the Carémeau University Hospital in Nîmes for not being vaccinated against COVID-19.
24 March 2023 / Case lawUSA – Students’ class action alleging university’s failure to refund tuition and fees paid during the pandemic was in breach of Consumer Act can move forward, federal court holds
A group of undergraduate students at American University – a private university in Washington D.C. – filed suit against their school for partial refund of tuition and fees they paid for the spring 2020 semester. The university promised and sold them on-campus instruction and on-campus experience, described as key reasons for which a student should have chosen to attend American University.
22 March 2023 / Case lawSouth Africa – Court declares insurer liable for compensation with regard to business interruptions caused by COVID-19
On 20 February 2023, the Gauteng Division of the South Africa High Court delivered a judgment finding a business insurer liable for compensation with regard to economic losses caused to insured parties by COVID-19 lockdown.
22 March 2023 / Case lawUSA – Employer held in contempt for failing to comply with National Labor Relations Board’s order following COVID-related unlawful termination
In May 2020 – when businesses were gradually allowed to reopen following pandemic-related closures – an employee of a salon and spa expressly questioned the safety plans and measures set up by her employer to handle the COVID health risk.
17 March 2023 / Case lawSingapore – Man fined for trying to trick food court manager by showing screenshot of vaccination app
On 2 March 2023, a court in Singapore fined a man who, during the pandemic, had tried to enter into a food court by showing a screenshot of an app containing vaccination information instead of the real content of the app.
17 March 2023 / Case lawAustralia – The High Court on public health measures against COVID-19 as a supervening event rendering the execution of a contract illegal
The case originates from the impact of COVID-19, and related governmental measures, on contracts and business interruption.
17 March 2023 / Case lawSpain – Barcelona court increases child support payments for father returning to work post-pandemic
On 13 January 2023, the Provincial Court of Barcelona has increased the child support payments a father, aged 45, had been making for his two young children as he has now fully returned to the workforce after the pandemic.
15 March 2023 / Case lawTurkey – Constitutional court rules fines given for violating curfew during the pandemic are unlawful
The Turkish Constitutional Court has held that fines issued by authorities for violating curfew during the COVID-19 pandemic are unlawful. The Court assessed a fine issued to a man who was found driving his car in May 2020, in violation of the provisions of a Presidential Decree. The fine’s legal ground was found in Law no. 1593 of 1930 (Law on Public Hygiene), whose scope also covered the presidential decree which was directly violated.
15 March 2023 / Case lawUSA – Federal court denies motion to dismiss COVID-related business interruption case on account of the ambiguous terms of virus exclusion
A company which owns and operates a shopping mall, and which had stipulated a commercial insurance policy filed suit against its insurer for coverage of losses sustained as a result of shutdown orders issued in the wake of the COVID-19 pandemic. It alleged claims of breach of contract and bad faith because the insurer had denied her request for coverage.
15 March 2023 / Case lawBelgium – Constitutional Court rejects appeal to annul Pandemic Law
On 2 March 2023, the Belgian Constitutional Court rejected an appeal to annul the Pandemic Law of 14 August 2021.
