On August 19, 2021, in a first-of-its-kind ruling, the United States District Court for the Eastern District of Virginia granted class certification to a statewide class of Virginia businesses in a COVID-19 insurance recovery class action. The Court granted class certification to a class of at least 111 Virginia businesses that, between March 23 and June 20, 2020, submitted insurance claims to State Farm for pandemic-related business losses. The losses stemmed from the COVID-19 restrictions put in place in Virginia that required many recreational businesses to close—and then only permitted them to reopen at limited capacity [...]
On June 21, 2021, the Supreme Court ruled in favor of college athletes in their dispute with the NCAA over caps on certain education-related benefits. In a 9-0 decision, the Court affirmed the ruling of the Ninth Circuit that the NCAA’s restrictions on certain education-related benefits to college athletes violates anti-trust laws. Although college athletes will not receive salaries tied to their participation in athletics, they will be able to receive compensation for education-related activities and expenses—like internships, computers, and study abroad programs. While the NCAA has defended its caps on education-related benefits as necessary to preserve [...]
After over a year, it appears there is finally light at the end of the COVID-19 tunnel. With over 85 million Americans fully vaccinated and millions more being vaccinated each month, a semblance of normalcy is slowly beginning to return. As a result, colleges and universities are forming plans for students to safely return to campus for something resembling a normal school year in the fall of 2021. Key for many institutions is a requirement that returning students be fully vaccinated for COVID-19. Georgetown University, Brown University, and the University of Notre Dame, just to name [...]
Since releasing our most recent podcast episode, athletic events and concert venues have been slowly reopening at different capacities depending on the state, but what kinds of claims are arising out of these reopenings? Carr Maloney attorneys Matthew D. Berkowitz, Brian O'Shea, and Samantha Lewis sit down to discuss possible causations of these class action claims and how to form an argument around the defense. Listen along to Carr Maloney's most recent COVID-cast episode below:
On December 16, 2020, the Supreme Court granted cert. to hear TransUnion v. Ramirez, a Fair Credit Reporting Act (“FCRA”) class action suit that presents the question as to “whether either Article III (of the Constitution) or Rule 23 (of the Federal Rules of Civil Procedure) permits a damages class action where the vast majority of the class suffered no actual injury, let alone an injury anything like what the class representative suffered.” In Ramirez, Ramirez was refused the purchase of a car by a dealership when his credit report incorrectly indicated that his name appeared on [...]
College sports have not been immune to the repercussions of COVID-19 and therefore we are seeing a rise of class action lawsuits across the country that many universities will have to address in these coming months. Many claims have been from players themselves with lack of PPE equipment and exposure to the virus, but is there a way to safely play a contact sport with proper precautions to prevent a viral outbreak, and by playing are you assuming the risk of injury? Listen along as attorneys Matthew D. Berkowitz, Samantha Lewis, and Brian O’Shea tackle potential class [...]
With students returning back to school, there has been a large number of reported outbreaks of COVID-19. Many students and parents are filing suits for breach of contracts as it relates to remote learning and the impact that social distancing and campus closures have on students and their learning experience. University staff has also been filing suits saying that schools have not been taking the appropriate measures to protect staff from exposure to the virus. Attorneys, Matthew D. Berkowitz, Brian O’Shea, and Samantha Lewis dive deep into possible causations and significant hurdles for class certification.
As colleges and universities re-open their doors for the fall semester, the return of students has been closely followed by a substantial increase in coronavirus cases—and significant public scrutiny. Administrators are stuck between a rock and a hard place: Do we remain closed and charge students full tuition for another semester of virtual learning? Or do we welcome students back to campus and attempt to test as many students as often as possible while imposing social distancing rules? Many schools have opted for the latter. The University of North Carolina and the University of Notre Dame, [...]
On August 11, 2020, both the Big Ten and the PAC 12 conferences announced they would “postpone” fall sports due to the COVID-19 pandemic—the first of the “Power 5” conferences to do so. Their decision came on the heels of several other leagues, including the Mountain West Conference and the Mid-American Conference, postponing their fall sports until the spring. It is unclear whether other conferences, including the SEC, ACC, and Big XII, which are still scheduled to play sports this fall, will follow suit. The danger of serious illness and the possibility of significant spread of the [...]
The hospitality industry is at the top of the list of industries impacted by the ongoing COVID-19 crisis. With travel having largely come to a standstill, hotels, cruise lines, and airlines are all feeling the pinch and finding their footing in a world gripped by a global pandemic. The hospitality industry, however, like many other industries, has also begun to face COVID-19-related class actions. A lawsuit filed on June 24, 2020 in the United States District Court for the Western District of Washington accuses cruise line Holland America and its parent company, Carnival, of exposing over one [...]
There are several class actions being filed against major universities across the country in light of COVID-19. Attorneys Matthew Berkowitz, Brian O’Shea, and Samantha Lewis discuss the major types of claims students are filing. For example, students are claiming they are not receiving the same college experience that they are paying for while the universities are trying to follow state guidelines in response to coronavirus. They also dive into class certifications issues that might come up like different expectations of what a college experience is, different majors, and financial aid status with their education.
Americans over the age of 65 have become more at risk with the spread of COVID-19 than any other age group. As a result, COVID-19 has been going through nursing homes in many states that have been the hotbed to this disease like New York, New Jersey, and Pennsylvania. Many of them will be facing class actions in the upcoming months for not following CDC guidelines and supplying employees with proper equipment to protect them from COVID-19. Listen to this episode as attorneys Matthew Berkowitz, Brian O’Shea, and Samantha Lewis discuss this trending class action topic and [...]