Litigation is Going Viral: The Legal Landscape During COVID-19

In an article published online in the ACC Docket, attorneys Mark Johnson and Melissa Roque join with Trevor Newberry of PruittHealth to discuss the legal landscape during COVID-19.

“Although COVID-19 is a novel virus, the type of litigation it has sparked is not unique,” the authors write. “The lawsuits that have arisen from the pandemic build on areas of law that are generally well-established throughout the United States. Though the impacts of the virus only began to spread throughout the country at the beginning of 2020, there are already thousands of filings across the nation asserting a variety of theories in COVID-19 related cases.”

Johnson and Roque  further explain the types of COVID-19 lawsuits that have been filed in 2020 relating to the workplace, nursing homes and contractual breach/failure to perform theories.

“In this unprecedented time of uncertainty, the litigation related to this pandemic is in some ways as unpredictable as the virus itself,” the authors conclude. “What is apparent, however, is that the impacts of COVID-19 will not abate in the immediate future and that cases arising out of those impacts will explode and expand in the years to come. By studying the landscape of current COVID-19 litigation and understanding the lessons from illustrative cases in the past, manufacturers, businesses, property owners, and other companies can be prepared to both minimize litigation risks posed by the pandemic and to defend against such claims if litigation arises.”  

For the full article, you may click here.