With a judgment of 13 January 2022, the Supreme Court of the United States confirmed the temporary suspension the Occupational Safety and Health Administration (“OSHA”) vaccine or test-mandate for employers with at least 100 employees.
On 24 December 2021, the Dutch Supreme Court answered preliminary questions from the District Court of Limburg regarding the effects of COVID-19 on commercial rents (case n° 21/01584).
A fear of catching Covid-19 is not a protected belief under the Equality Act, a Manchester employment judge ruled (in case No. 2413947/2020), after a woman claimed she was discriminated against by her employer when she refused to go to work during the pandemic.
The Italian first instance administrative court of Campania suspended the Regional decision of Campania of 7 January 2022 to keep schools closed and provide distance teaching (case n°[19/2022 and 20/2022]).
On 26 December 2021, the government imposed an obligation for children from 6 years old onwards to wear a mask at school. Two students challenged that measure before the Council of State which rejected their arguments in decision No. 252.584 of 7 January 2022.
On 23 December 2021, the Krasnooktyabrsky District Court of the city of Volgograd partially upheld the claim of a plaintiff who challenged a decision taken by an employer on suspension from work for lack of anti-Covid-19 vaccination (without pay) (decision No. 2-3600/2021~М- 3419/2021).
The Supreme Court of Israel (HCJ), in a judgment of 31 December 2021 (n°7930/21) dismissed the appeal filed by an organization of physicians, researchers, and social welfare professionals against the government decision to extend the state declaration of emergency due to Covid-19 and the Omicron variant.
In a class action brought against Amazon, a former employee alleged that the e-commerce company, during covid checks, collected his facial and other data without proper consent under the Illinois Biometric Information Privacy Act (BIPA), claiming in particular that Amazon's devices that scanned faces to check temperatures violated the requirements of Illinois law requiring informed consent to collect biometric data and disclose it to third parties.
In a judgment of 3 December 2021, the Constitutional Court rejected the appeals lodged by the owner of a cable car installation and by a ski pass holder (cases no. V 617 / 2020-7, V 618 / 2020-4) who complained of the violation of the principle of equality of the government provision that imposed the use of FFP2 masks in closed cable cars or other ski lifts on lockable slopes, given that in other means of transport a simple mouth-nose protection was considered sufficient.
The Supreme Court of Justice (STJ), with the judgment of 22 December 2021, n.714919 - PB (2021 / 0406429-8), in accordance with its jurisprudential precedents, rejected the appeal for the suspension of the application of law 12083 / 2021 of the State of Paraíba.
The United States District Court for the Western District of Oklahoma, by judgment of December 28, 2021 issued by Federal Judge Judge Stephen Friot incase no. CIV-21-1136-F, rejected the precautionary appeal filed by Governor of Oklahoma Kevin Stitt (R), and 16 anonymous members of the Oklahoma National Guard and the Oklahoma Air National Guard against compulsory vaccination against Covid-19, imposed by the federal government.
Less than a week after the Belgian government ordered the closure of theaters, cinemas and other cultural establishments in closed spaces, Council of State, with the judgment n° 252.564 issued on December 28th 2021, partially suspended the measure.
/*-->*/ With the judgment n.32171 of 16 December 2021, the Indian Supreme Court also found itself having to face the regulation of paternal visits to the minor of separated parents who live in different regions, authorizing the father to travel and go to the child on his birthday during the Christmas holidays, as long as he tested negative for the detection of covid-19.
The German Constitutional Court, with the judgment n. BvR 1541/20, issued on December 16 2021, has ruled that the german Legislator has a duty to act to protect people with disabilities during the pandemic.
The United States Court of Appeals for the District of Columbia Circuit on the order to wear face masks at airports. The appellant is a frequent flyer. He challenged the TSA's (Transportation Security Administration) regulations concerning the requirement to wear face masks on board aircraft, arguing that the TSA did not have the power to impose such requirements.
The GPN is pleased to announce the closing of the first Volume of "Legal Policy and Pandemics. The Journal of the Global Pandemic Network" which will be published on 4 January (online and in print).
The Labor Court in Nairobi, with a judgment issued on December 10th 2021, dismissed the appeal filed by the University Student Workers Union against KAG EAST AFRICA, a private university, under the Labor Act, No. 11 of 2007.
The court of appeal upheld the first instance judgment, which had denied compassionate release for the appellant.
The Supreme Court in a judgment of December 13, 2021, upheld the appeal filed by a detainee subject to a European Arrest Warrant (EAW) against the judgment of the Court of Appeal issued on February 10, 2021, which postponed the delivery of the appellant to Lithuania.
The Catalan Court confirms the appropriateness of governmental measures for the fight against the spread of the omicron variant, in times of holidays when crowding of people, social interaction, difficulty of maintaining social distance with masks, etc., can generate a greater risk of infection by the relaxation of some precautions.
The applicants are the daughters of a man who died of covid transmitted to him by his wife, who contracted it at work due to unsafe working conditions. The applicants claim compensation from their mother's employer, a company producing sweets, although their father was not an employee of the company.
With an interim decision of the beginning of December 2021, the Supreme Court of Justice of the Nation (SCJN) suspended a resolution issued by the National Institute for Transparency, Access to Information and Data Protection (INAI), which had ordered the disclosure of information on the receipt of batches, administration and current status of COVID-19 vaccines.
In a decision dated 13.12.2021, the Supreme Court of Chile upheld an appeal filed by several ministers of religion who had been sanctioned for celebrating the religious ceremonies in breach of the restrictive measures enacted on account of the Covid 19 pandemic.
The Court of Appeal has ruled in a case between Moderna and Arbutus Biopharma Corporation concerning the use by Moderna of an invention for the composition of vaccines against Covid 19. In particular, Arbutus' US patents No. 8,058,069 and No. 9,364,435, which cover a composition based on lipid nanoparticle (LNP) technology that carries loads of nucleic acid to enable the human body to produce its own therapeutic proteins, were allegedly infringed.
The Federal Constitutional Court of Germany by decision of December 6, 2021, in 2 BvR 2164/21, rejected the interlocutory appeal filed by some members of parliament for the suspension of the regulation Covid-19 issued by the Land of Berlin, which imposed on anyone who goes to Berlin, or stays in a hotel or other accommodation, compliance with the rule of so-called 2G, which is to be either healed or vaccinated.
On November 5, 2021, OSHA issued a temporary emergency standard (ETS or the standard) to protect employees’ health by mitigating the spread of this historically unprecedented workplace virus.
The Italian Council of State with the judgment n. 8454 on December 20 the 2021, rejects a claim by a doctor seeking exemption from vaccination for health related reasons.
The Supreme Court, with the judgment dated December 17, 2021 No. 1805/2021 in W.P.(C) No. 539/2021, ordered 10 States of the Indian Union (Andhra Pradesh, Assam, Bihar, Gujarat, Jammu and Kashmir, Madhya Pradesh, Punjab, West Bengal) to provide for the payment of ex-para compensation to families affected by the loss of family members due to Covid-19.
In a decision issued on December 9, 2021, the Administrative Court of Tapei upheld the legality of a fine for violation of Art.15 of the "Special Law for Prevention, Relief and Revitalization Measures for Severe Pneumonia with New Pathogens".
The Council of State with judgment no. 252.470 of December 17, 2021, rejected the precautionary petition filed by operators of indoor playgrounds for the suspension of the government measure of December 2021 (B.S. 29 October 2021, entry into force 29 October 2021 amended by the Royal Decrees of November 19, 2021, November 27, 2021 and December 4, 202) imposing their closure due to an increase in contagions.
In a ruling dated 12.11.2021, the Constitutional Chamber of the Supreme Court of Justice of Costa Rica declared inadmissible the appeal for constitutional protection (recurso de amparo) filed by a public official against the national legislation imposing mandatory vaccination against Covid-19.
The applicants, incorporated societies representing certain doctors and teachers respectively applied to the High Court for judicial review of the COVID-19 Public Health Response (Vaccinations) Order 2021 (the Order) that prevents persons in certain work sectors from working unless they are either vaccinated or exempt from vaccination.
The President of the European Court of First Instance, in cases T-710/21 R Roos and others v. Parliament and T-711/21 R ID and others v. Parliament, dismissed on the merits the appeal filed by certain MEPs against the requirement to present a green pass to access the institutional premises of the European Parliament established by the Bureau of European Parliament.
In a judgment dated 10.12.2021, the Supreme Court of Chile confirmed the decision no. Rol 10673-2021, dated 25.11.2021, of the Court of Antofagasta, which had dismissed a claim filed by a company employee.
The Covid-19 Litigation Project was presented within the framework of the 10th Global Conference on Health Promotion, organized by World Health Organization from 13 to 15 December 2021.
The Constitutional Court, with the judgment No. UI No.210/21, dated November 29, 2021 and published on December 6, 2021, upheld the appeal filed by some public employees against the article RS, No.147 /21, 149/21, 152/21, 155/21, 170/21 and 171/21 of the government decree.
This project and its database have been made possible with the financial support from the World Health Organization