News

USA – COVID-related requirement that jurors wear masks during the selection process does not violate defendant’s right to a fair trial, State appellate court holds

During the outbreak of the pandemic, the Supreme Court of Illinois ordered all Illinois courts “to establish and periodically update, as necessary, temporary procedures to minimize the impact of COVID-19 on the court system, while continuing to provide access to justice”. In line with these directions, courts issued orders imposing a mask requirement in all courthouse locations.

Australia – Family Court allows COVID-19 vaccination for children aged 5 to 11

The mother of a 10-year-old child commenced proceedings under part VII of the Family Law Act 1975, seeking that the father be restrained from causing or permitting the child from receiving any further doses of the vaccination against COVID-19.

South Africa – Court orders government to disclose information on the decision-making process for regulations issued during the State of Disaster due to COVID-19

The Pretoria High Court ordered the South African Minister of Cooperative Governance and Traditional Affairs to disclose, by 9 December, the records concerning the decision-making process for the regulations on COVID-19 lockdowns issued during the State of Disaster, lasting from March 2020 to April 2022, including the details about the reasons for the extension of this State of Disaster.

Australia – Supreme Court of New South Wales upholds legality and reasonableness of measures requiring paramedic to be vaccinated against COVID-19

A paramedic in the New South Wales Ambulance Service challenged the public health orders requiring healthcare workers to receive COVID-19 vaccination issued by the Minister for Health and Medical Research under Section 7 of the Public Health Act 2010 (NSW), seeking declaration of their invalidity. In particular, the claimant submitted that due to his religious beliefs, he decided not to be vaccinated against the COVID-19 virus.

Italy – Constitutional Court upholds vaccine mandate for health professionals and people over 50

On 1 December 2022, the Italian Constitutional Court rejected claims against the vaccine mandate for health professionals and for people over 50 years old.

USA – State court dismisses COVID-related tuition suit, as public university had not expressly promised in-person classes

A former student of a public university in Florida filed suit against the latter on behalf of himself and a class of similarly situated students in order to recover fees for on-campus services that were not provided to students during the pandemic.

France – Supreme Court overturns judgments in business interruption cases, in favor of insurers

On 1 December 2022, the French Cour de cassation quashed four judgments by the Court of Appeal of Aix-en-Provence regarding insurance compensation for business interruption during COVID-19.

USA – Another victory for policyholders in COVID-related business interruption case before state Superior Court

With a judgment of 30 November 2022, the Superior Court of Pennsylvania affirmed a trial court decision holding that an insurer was obligated to provide business loss and extra expenses coverage to an insured for the direct physical loss of his dental practice that he suffered due to COVID-19 and the governmental orders issued in response to the pandemic.

United Kingdom – Around 20,000 lockdown students form litigation group claiming compensation from major universities

Around 20,000 students have initiated a collective redress action against some of the United Kingdom’s major universities to obtain compensation for having received remote education during several months of the pandemic of COVID-19.

USA – Federal Court approves settlement over COVID-19 outbreak at a state-operated long-term care facility for veterans

During the spring of 2020, an extensive COVID-19 outbreak took place at the Soldiers’ Home in Holyoke, a long-term care facility for veterans operated by the Commonwealth of Massachusetts. The Governor of Massachusetts conducted an independent investigation on the matter in order to establish whether the management of the facility was to be held responsible for the outbreak and ensuing devastating consequences.

Germany – Federal Administrative Court hold that Saxony’s ordinance imposing restrictions during pandemic’s first wave was lawful

On 22 November 2022, the Federal Administrative Court held that the government of Saxony’s ordinance imposing contact restrictions in public areas and the closure of catering establishments and sports facilities (incl. golf courses) was lawful. The Corona Protection Ordinance of 17 April 2020 (SächsCoronaSchVO) that had imposed these restrictions had been valid between 20 April and 3 May 2020. The claimant had already lost before the Saxon Higher Administrative Court.

South Africa – Supreme Court of Appeal sets aside previous court order requesting health authority to periodically report about access to COVID drug

On 21 November 2022, the Supreme Court of Appeal has set aside a court order granted in April 2021 according to which the South African Health Products Regulatory Authority (SAHPRA) should report, every three months, to the court about the access to the drug Ivermectin for purposes of COVID-19 treatment.

India – Court orders government to refund judge after refusing reimbursement of expenses related to COVID treatment

On 21 November 2022, the Delhi High Court ordered the Delhi government to refund the expenses paid by a judge to a hospital for the treatment of COVID-19.

USA – Federal judge states COVID-19 claims faced by nursing home operator do not qualify as a single event for insurance purposes

Before the outbreak of COVID-19, Genesis Healthcare Inc. – a company that owns hundreds of companies which individually own and manage nursing homes and health care facilities – purchased insurance coverage for the 2020 policy year to pay for the losses incurred in defending and satisfying a claim arising from a single health care event. The policy provided for a $3,000,000 insured retention.

Japan – Person with disabilities and employer who allegedly denied him access to job after contracting COVID-19 reach settlement

On 21 November 2022, at the Osaka District Court, a person with disabilities reached a settlement with his former employer, after claiming that he was denied access to work after contracting COVID-19.

Canada – An Ontario court recalls that the measures imposing mandatory vaccination in the air and rail sectors were not arbitrary, excessive or disproportionate

The plaintiffs are challenging the constitutionality of the vaccination requirement imposed in the air and rail sectors through a series of Transport Canada orders.

Kenya – Court extends orders quashing the obligatory value of COVID-19 vaccination proofs in order to get in-person services

A High Court in Kenya has extended an order previously issued on 14 December 2021 which prevented public places from demanding proof of vaccination in order to get services, as requested by a directive of the Health Cabinet Secretary, a directive which had therefore been overridden by that court order.

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.