The applicant brought a claim against the employer for unfair dismissal after he was terminated from his employment due to his failure to comply with a policy requirement imposing mandatory vaccination against COVID-19.
On 30 June 2022, the Constitutional Court held that it was unconstitutional not to allow unvaccinated or unrecovered people from going to the hairdresser during their ‘second lockdown’, in application of the so-called ‘2G rule’.
The Prosecutor General of Chile appealed two decisions by the Transparency Council which ordered the Ministry of Health to disclose all the information on the monthly use in Chile of Intensive Care Units and Intermediate Care Units, differentiating between vaccinated patients (with one, two and three doses) and unvaccinated patients, in the period between January and November 2021, as well as information regarding the deaths caused by COVID-19.
Earlier this year, the parent of a minor seized a court in Montevideo with an amparo action, claiming the illegality of COVID-19 vaccination campaigns on children under 13 years of age and requesting the suspension of the treatment.
A sex business operator based in the Kansai region filed a lawsuit seeking access to coronavirus relief grants for business hit by the pandemic according to the relief schemes set up by the government, which excluded sex-related business from their scope.
In response to the need expressed by the population to minimize the time spent in public spaces due to the COVID-19 pandemic, during the spring 2020 election, the administrator of the Wisconsin Elections Commission issued two documents authorizing municipal clerks and local election officials to establish absentee ballot drop boxes.
On 30 July 2022, the French Constitutional Council dismissed the challenge brought by more than sixty Members of Parliament against certain provisions of Article 3 of the law putting an end to the exceptional regimes created to combat the COVID-19 pandemic.
In July 2020, a number of detainees of the Farmville Detention Center (FDC) in Virginia filed suit against the site’s operator, the Immigration Centers of America, and the U.S. Immigration and Customs Enforcement regarding an outbreak of the COVID-19 virus at the immigrant detention center in 2020, which saw more than 300 inmates infected with the virus.
The heirs of a deceased man, who died as a result of pneumonia caused by COVID-19, brought an action against the former employer of their father, a company, and its subsidiary, claiming that the latter failed to properly apply health protocols on the workplace, ultimately leading to the spread of the virus and causing the death of their father.
In December 2021, the parents of a second-grade student at Sunrise Valley Elementary School in Fairfax County, Virginia, filed suit against two school officials and a public health official challenging a now-defunct Fairfax County Public Schools (FCPS) COVID-19 quarantine policy, which they alleged treated vaccinated students more favorably than unvaccinated – but allegedly immune – students.
In April 2020, the Preventive Council of the Tolupan indigenous community in San Francisco de Locomapa filed an amparo action, submitting that, during the outbreak of the COVID-19 pandemic, municipal authorities implemented a solidarity program to help the population but that they did so in a discriminatory way, providing food and assistance only to individuals and families politically linked to the local government.
On 14 July 2022, the Constitutional Court rejected claims challenging the constitutionality of a decree of the Brussels-Capital Region’s government of 20 May 2020 temporarily prohibiting residential evictions during the health crisis, until 31 August 2020 (Special Powers Decree no. 2020/023), and the legislative ordinance confirming it (Ordinance of 4 December 2020).
During the fourth wave of the COVID-19 pandemic during fall 2021, the government of Ontario introduced strict measures to avert the spread of the virus, including a mandatory vaccination for persons working in several fields paired with a suspension without pay for those who refused vaccination.
On 15 June 2022, the US District Court for the Central District of California, Southern Division, refused to dismiss COVID-19 related litigation filed by a hotel group claiming coverage under the environmental policy it had contracted with its insurer.
On 17 June 2022, the Constitutional Court protected the fundamental rights to the vital minimum, dignity, and social security of a doctor who during the COVID-19 pandemic provided his services in the intensive care unit (ICU) of a Cartagena clinic, without receiving timely payment of his salary and social benefits.
In May 2020, Google co-created the Google-Apple Exposure Notification System (“GAEN”) to assist state and local authorities in their fight against COVID-19. The system consists in apps for mobile devices that conduct COVID-19 ‘contact tracing’.
On 5 July 2022, a six to one majority of the Supreme Court upheld a Court of Appeal judgment dismissing Gemma O'Doherty and John Waters’ challenge over the constitutionality of the Irish government’s restrictive measures to cope with the COVID-19 pandemic.
The parent of a minor seized a court in Uruguay with an amparo action, claiming the illegality of COVID-19 vaccination campaigns on children under 13 years of age and requesting the suspension of the treatment.
In September 2021, the Los Angeles Unified School District (LAUSD) issued a vaccine mandate requiring all students who were 12 years and older to receive the COVID-19 vaccine for enrollment and continued attendance in school. The mandate had then been suspended between April 2022 and July 2023.
On 26 May 2022, the Constitutional Court of Guatemala held that the state company managing the water for Guatemala City had not infringed the right to health of the city’s population but highlighted the importance of secure water supply during the pandemic (exp. n°4699-2021).
With a decision of 15 June 2022, the United States Court of Appeals for the Fifth Circuit found that COVID-19 does not qualify as a natural disaster under the Worker Adjustment and Retraining Notification Act’s natural-disaster exception.
While the general trend of both state and federal courts is to dismiss policyholder claims for COVID-19-related business interruption losses (see here), by the decision of 15 June 2022, the Court of Appeal of Louisiana, Fourth Circuit, upheld – by a majority – an appeal filed by 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.
On 27 May 2022, the Court of First Instance n°12 of Barcelona rejected claims to apply the judicial doctrine of the ‘rebus sic stantibus’ clause to a commercial lease, because the claimant had not sufficiently proven that the contractual equilibrium was reliably breached.
On 3 June 2022, the Council of State rejected the claims of the Customary Senate of New Caledonia and several individuals to annul the results of the vote that took place on 12 December 2021 during the consultation on the accession to full sovereignty of New Caledonia (decision nº459711).
A federal district court in Tennessee has granted the motion to dismiss filed by a federally funded hospital in a lawsuit brought by a healthcare worker to challenge the hospital’s decision to require all healthcare employees to either be vaccinated against COVID-19 or face termination.
On 25 May 2022, the French Council of State held that it was discriminatory to exclude families of holders of a scientific residence card from the possibility to enter France (coming from a non-European country), compared to the legal regime for the holders of a talent passport who can bring family with them (decision nº 450085).
The Colombian Constitutional Court held that, by failing to prioritize midwives in the National Vaccination Plan against COVID-19 and by excluding them from the economic aid regime, the authorities violated their fundamental rights to health, equality, non-discrimination, and ethnic diversity.
On 13 May, the 3rd Labor Court of Jerez de la Frontera (judgment n°232/2022) held that a cleaner at the town’s hospital, who had been infected with COVID-19 in March 2020, could be considered to have suffered from an occupational accident.
On 27 May 2022, a Scottish Employment Tribunal (case No. 4112457/2021) held that an employee was a disabled person within the meaning of the Equality Act 2010 in the period between 25 November 2020 and 13 August 2021 because he had symptoms of long-term COVID.
Upon the advent of the COVID-19, a legal assistant at law firm Moore Ingram Johnson & Steel, who had a family history of Guillain-Barre syndrome, began suffering from severe anxiety related to being potentially exposed to COVID-19 based, in particular, on her belief that, on account of her family’s medical history, she would be at increased risk of death or serious illness if she contracted COVID-19.
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