McDowell Hetherington LLPOn March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law in response to the COVID-19 pandemic. The CARES Act includes significant changes for credit reporting agencies or any institutions that furnish information to credit reporting agencies regarding accounts receiving relief due to the COVID-19 crisis. Specifically, the […]
Oakland, CA – Much time and attention has been focused on the seemingly ever-increasing number of business interruption insurance coverage lawsuits policyholders have filed across the country in the last few weeks. However, insurance coverage battles related to losses from the COVID-19 pandemic have recently taken a unique turn. We previously highlighted the multiplying number […]
New Orleans, LA – The Fifth Circuit recently joined the Second, Third, and Sixth Circuits in blessing so-called “snap removals” – a procedure used by non-forum defendants to seemingly circumvent the forum-defendant rule and remove cases on the basis of diversity before any forum defendants are served. Texas Brine Co., L.L.C. v. Am. Arbitration Ass’n, […]
Houston, TX – Regardless of whether a contract contains a force majeure provision, a party’s non-performance may still be excused by the common law doctrine of impossibility. 1. The impossibility doctrine in Texas. The impossibility defense is an excuse to performance that Texas courts will refer to as impossibility of performance, commercial impracticability, or frustration […]
Oakland, CA – We previously highlighted that many businesses are not first waiting for coverage determinations before suing their insurers. Now, in a single day, five lawsuits were filed seeking business interruption coverage for losses related to COVID-19, this time in Los Angeles County Superior Court. On April 13, 2020, attorney Mark Geragos, his Los […]
Oakland, CA – Knowing that courts cannot operate as usual in light of the escalating COVID-19 pandemic, the California Judicial Council amended its Rules of Court to accommodate statewide court closures and restrictions. The sweeping changes come on the heels of Governor Gavin Newsom’s March 27 Executive Order, which granted courts with special authority to […]
Oakland, CA – In light of the global pandemic and increasing cases of COVID-19 in California, the California Department of Fair Employment and Housing (DFEH), the agency tasked with enforcement of the state’s Fair Employment and Housing Act (FEHA), recently issued guidance regarding how employers should handle COVID-19 related workplace concerns. The DFEH’s guidance makes […]
Oakland, CA – On March 17, 2020, Governor Newsom issued Executive Order N-31-2020, temporarily suspending some of the notice requirements employers must follow prior to planned workforce reductions. Ordinarily, the California Worker Adjustment and Retraining Notification (WARN) Act, which applies to commercial or industrial facilities employing 75 or more employees, requires an employer to provide […]
Oakland, CA -For employers continuing their business operations during the health crisis, the California Division of Occupational Safety and Health (Cal/OSHA) has issued Interim Guidance to ensure the health and safety of working employees. Cal/OSHA’s regulations require protection for workers exposed to airborne infectious diseases, which include COVID-19. Employers in industries with higher risks of […]
Houston, TX – On Wednesday, April 1, 2020, the Texas Supreme Court issued another “Emergency Order Regarding the COVID-19 State of Disaster” mandating that Texas trial courts toll all deadlines for the filing or service of any civil causes of action from March 13 through June 1 (Misc. Docket No. 20-9051). The April 1 Order […]