Chamber Litigation Blog

July 19, 2021

Jason A. Levine, Gillian H. Clow, Ryan Martin-Patterson, Giles Judd, and Stephen Tagert, Alston & Bird LLP

This week’s top COVID-19 litigation developments include: a lawsuit filed by cruise lines against Florida over its ban on “vaccine passports” for cruise ship passengers; the 11th Circuit’s rejection of a preliminary injunction against the CDC’s residential eviction moratorium; and the Eighth Circuit’s decision in favor of insurers in the first federal appeal involving a pandemic-related business interruption coverage claim.

July 15, 2021

Jeffrey S. Bucholtz, Ethan P. Davis, Jamie Lang, Amy Boring, King & Spalding LLP

This biweekly blog will explore top False Claims Act (FCA) developments.  We’ll cover the waterfront, including significant resolutions with DOJ, important judicial decisions, speeches by government officials, and much more.  Most of our posts will be high level and designed for a quick read, but we’ll occasionally publish in-depth pieces on specific topics. 

In this inaugural edition, you can read about a Fifth Circuit decision addressing DOJ’s authority to dismiss qui tam FCA suits brought by private relators; an uptick in enforcement against skilled nursing facilities; a D.C. Circuit decision involving fraudulent inducement liability; and an interesting concurring opinion from D.C. Circuit Judge Neomi Rao.

July 12, 2021

Jason A. Levine, Gillian H. Clow, and Giles Judd, Alston & Bird LLP

This week’s top COVID-19 litigation developments include: an insurer’s declaratory judgment action against The Walt Disney Company concerning the scope of its business interruption coverage; a Washington federal court’s denial of class certification in a COVID-19 exposure suit against a global cruise line company; and Google’s motion to dismiss a proposed class action over its contact-tracing app.

July 6, 2021

Jason A. Levine, Ryan Martin-Patterson, and Stephen Tagert

This week’s top COVID-19 litigation developments include: the Supreme Court’s refusal to halt enforcement of the CDC’s residential eviction moratorium; a New Jersey court’s rejection of business interruption insurance claims by the parent company of Versace; and a challenge to the constitutionality of a Nevada law that prevents certain efforts to collect medical debts incurred during the pandemic.

June 30, 2021

The Supreme Court’s decision in TransUnion v. Ramirez is one of the most important of the Term for business.  There’s no doubt it dealt a serious blow to abusive, no-injury class actions.  But just how far did it go?  Andrew J. Pincus, Archis A. Parasharami & Daniel Jones of Mayer Brown wrote this excellent blog post to answer that question.

Spoiler alert: it goes pretty far. 

June 21, 2021

Jason A. Levine, Ryan Martin-Patterson, and Stephen Tagert, Alston & Bird LLP

This week’s top COVID-19 litigation developments include: the dismissal of a suit filed by employees challenging two Texas hospitals’ workplace vaccination mandates; a securities fraud lawsuit filed by the SEC against a healthcare company over its claims about test kits and disinfectants; and an insurance coverage suit concerning the Marriott Boston Long Wharf hotel, the site of an early super-spreader event.

June 14, 2021

Jason A. Levine, Gillian H. Clow, and Giles Judd, Alston & Bird LLP

This week’s top COVID-19 litigation developments include: a securities lawsuit accusing biotech executives of overhyping their company’s COVID-19 treatment while simultaneously selling stock at newly-inflated prices; Amazon’s motion to dismiss a suit by hourly employees seeking compensation for time spent on workplace COVID-19 screenings; a purported class action challenging Target’s effectiveness claims for its hand sanitizer; and a ticket company’s effort to block certification of a nationwide class of ticket purchasers in a refund suit.

June 7, 2021

Jason A. Levine, Ryan Martin-Patterson, and Stephen Tagert, Alston & Bird LLP

This week’s top COVID-19 litigation developments were: a lawsuit filed by healthcare workers challenging workplace vaccination requirements at two Houston hospitals; new workplace vaccination guidance from the EEOC; and the D.C. Circuit’s stay pending appeal of a trial court decision that vacated the CDC’s nationwide residential eviction moratorium.

 

June 1, 2021

Jason A. Levine, Gillian H. Clow, and Giles Judd, Alston & Bird LLP

This week’s top developments in COVID-19 litigation include: certification of a class action against Hyatt Corporation by furloughed workers seeking additional compensation; a motion to dismiss a securities class action by Zoom Corporation; and a new class action regarding flight-cancellation refunds against Philippine Airlines.  We hope our readers had a good Memorial Day weekend.

May 26, 2021

Our Associate Chief Counsel Jennifer Dickey was a guest this week on McDermott Will & Emery’s “In the Trenches” Podcast with Brian Stimson.  Jenn gives a fascinating insider’s view from her time as a Supreme Court law clerk, Associate Counsel and Special Assistant to the President in the White House, Deputy Associate Attorney General, and Principal Deputy Assistant Attorney General for the Civil Division at the Department of Justice.  

May 25, 2021

Jeff Bucholtz and Jeremy Bylund, King & Spalding LLP

The Ninth Circuit recently joined the Fifth Circuit in rejecting a data mining strategy employed in qui tam suits under the False Claims Act.  These decisions are a welcome reminder that statistics are no substitute for facts showing fraud.

May 24, 2021

Jason A. Levine, Ryan Martin-Patterson, and Stephen Tagert, Alston & Bird LLP

This week’s top developments in COVID-19 litigation include: a securities class action against a solar panel company over its alleged failure to make certain disclosures about pandemic-related supply chain disruptions; a nuisance suit filed by business tenants against a landlord for supposedly flouting COVID-19 safety guidelines; and new litigation challenging the validity of the CDC’s recently-vacated moratorium on residential evictions.

May 17, 2021

Jason A. Levine, Gillian H. Clow, and Giles Judd, Alston & Bird LLP

This week’s top COVID-19 litigation developments include: an Ohio court’s decision that a stay-at-home order is not a “quarantine” for travel insurance purposes; a California court’s ruling that Amazon customers must arbitrate price gouging claims against the company; the dismissal of a COVID-19 exposure lawsuit filed by the wife of the defendant’s employee, who allegedly contracted the virus on the job; and a lawsuit against Pennsylvania stemming from a data breach at the Commonwealth’s contact-tracing company.

May 10, 2021

Jason A. Levine, Ryan Martin-Patterson, and Stephen Tagert, Alston & Bird LLP

This week’s top COVID-19 litigation developments include: a district court order vacating the residential eviction moratorium enacted by the U.S. Centers for Disease Control and Prevention (“CDC”); a Sixth Circuit decision that Kentucky’s probe of alleged price-gouging in connection with sellers on Amazon’s online marketplace does not violate the Dormant Commerce Clause; the discovery of a large data breach in Pennsylvania’s contact tracing system; and a new Florida law banning the use of “vaccine passports.” 

May 3, 2021

Jason A. Levine, Gillian H. Clow, and Giles Judd, Alston & Bird LLP

This week’s top COVID-19 litigation developments are: a federal court ordering a Lyft driver to arbitrate claims against the company for COVID-19 sick leave; a new putative class action against Google over the security of its contact-tracing app; and a new insurance coverage lawsuit involving a cryotherapy clinic.     

April 26, 2021

Jason A. Levine, Ryan Martin-Patterson, and Stephen Tagert, Alston & Bird LLP

This week’s top COVID-19 litigation developments are: securities fraud class actions filed against vaccine manufacturer Emergent BioSolutions over undisclosed production problems, and against a Chinese bitcoin manufacturer over pandemic-related supply chain disruptions; a class action against Bank of America over the technology used in its California unemployment benefit debit cards; and a contract suit filed against a testing company that charged $600,000 to perform just 40 COVID-19 tests.

April 19, 2021

Jason A. Levine, Gillian H. Clow, and Giles Judd, Alston & Bird LLP

This week’s top COVID-19 litigation developments involve: the dismissal of a securities fraud class action against Norwegian Cruise Lines; a new “taxation without representation” lawsuit by restaurants and bars against the State of California and Santa Clara County; and the expiration of Texas guidelines for state courts regarding the CDC’s residential eviction moratorium.

April 13, 2021

Jennifer B. Dickey

What’s all this talk about public and private rights?

Once relegated to a small portion of Federal Courts textbooks, Justice Thomas has recently led a revival of discussion of the public/private rights distinction.  His views, though often ignored by advocates as idiosyncratic, may prove critical for businesses seeking to build a majority at the Supreme Court, particularly in the area of Article III standing.  And with a significant number of Thomas clerks now on the federal courts, those views may also be relevant and important in other courts. 

April 12, 2021

Jason A. Levine, Ryan Martin-Patterson, Stephen Tagert, Alston & Bird LLP

The top COVID-19 litigation developments this past week include: New York’s repeal of a COVID-19 liability shield for nursing homes; an accused price-gouger’s claim that a key provision of the Defense Production Act is void for vagueness; a lawsuit seeking to invalidate South Carolina’s return-to-work order for state employees; and a putative class action demanding overtime pay for time spent receiving on-the-job COVID-19 screenings.

April 5, 2021

Jason A. Levine, Gillian H. Clow, and Giles Judd, Alston & Bird LLP

This week’s top COVID-19 litigation developments are decisions on several dispositive motions: the denial of motions to dismiss filed by British Airways and Southwest Airlines in ticket refund class actions; the dismissal of two business interruption insurance class actions; and the dismissal of a tuition refund lawsuit against Santa Clara University.