The Latest Trends in Business Interruption Coverage Litigation as a Result of COVID-19 By Thomas Paschos, Esq. and Jonathan B. O’Brien, Esq. Insurers have scored a number of favorable decisions around the country involving “business interruption” claims. The scorecard is not perfect though, and with over a thousand filings, and decisions on defendants’ Motions to […]
By Jonathan B. Burns, Esq. and Thomas Paschos, Esq. Even before local and state authorities issued stay at home and suspension of business orders, Colleges and Universities around the country canceled in-person classes and directed students to vacate dormitories. Suddenly the college experience became virtual. Classes resumed over webcasts, seniors logged into their commencement ceremonies, […]
Restaurants were some of the first businesses directed by civil authorities to suspend or limit operation, the first businesses to receive a hard denial of “interruption of business” claims, and their framing of recently filed complaints gives the best illustration of the shape of litigation to come from the myriad of businesses not far behind […]
BNSF Railway Co. v. Loos Earlier this term, the U.S. Supreme Court ruled in BNSF Railway Co. v. Loos that damages for lost wages qualified as “compensation” because they were payments for working time lost due to a work-related injury and thus were subject to employment taxes under the Railroad Retirement Tax Act (“RRTA”). Facts […]
Capparelli v. Lopatin The appellate division of the New Jersey Superior Court recently issued a decision in Capparelli v. Lopatin. The court concluded that a lack of a replacement mechanism for an arbiter who had withdrawn from serving in that capacity in a dispute resolution as called for by the arbitration agreement, voiding the agreement […]