Approximately three months into the unprecedented pandemic that drastically altered the way of life worldwide, states cautiously began lifting stay-at-home orders. California, one of the states hit hardest by the COVID-19 pandemic, was among these states. The gradual reopening of California’s economy was cut short as a spike in COVID-19 cases in early July 2020 resulted in Governor Gavin Newsom ordering that certain businesses with indoor operations, such as restaurants and movie theaters, cease indoor…

As of July 20, 2020, the Centers for Disease Control and Prevention reported more than 3.7 million COVID-19 cases, resulting in more than 140,000 deaths.  The virus is primarily transmitted person-to-person by droplets, aerosols and fomites. Nursing homes, rehabilitation and long-term care centers and facilities caring for people with psychiatric disabilities assist persons of a wide range of ages, but the majority of residents are elderly. Individuals that require the services of these facilities are…

On July 15, 2020, the Massachusetts Appeals Court affirmed a Superior Court decision allowing the Defendants’ motion to dismiss under Rule 12(b)(6) with respect to the Plaintiff’s employment-based claims stemming from an alleged constructive discharge brought against Lowell General Hospital and the Plaintiff’s supervisors. Kelleher v. Lowell General Hospital, 96 Mass. App. Ct. 49 (2020). The Plaintiff’s complaint involved allegations of: (1) constructive discharge; (2) defamation; (3) intentional interference with advantageous business relations; (4)…

MG+M The Law Firm (“MG+M”) Boston Attorneys Jennifer Whelan, Brian Gross, and Christos Koutrobis successfully obtained summary judgment for their client in a wrongful death case brought in the Superior Court of New Hampshire, Grafton County. Plaintiff’s decedent was struck and killed by a motor vehicle while crossing a New Hampshire highway towards a newly constructed store owned by MG+M’s client (the “Client”). Prior to the construction of the new store, there was a crosswalk…

On November 11, 2013, Timothy Frazier allegedly slipped and fell in a fast food restaurant restroom owned and operated by Mita Enterprises, LLC (“Mita”).  Frazier v. Liberty Mut. Ins. Co., No. 2018-288-Appeal, 2020 WL 3117048, at *1 (R.I. June 12, 2020).  Three years later, in November 2016, Frazier filed suit against Mita to recover damages for his alleged injuries.  Id.  Mita, however, failed to respond to Mita’s complaint and Frazier filed a motion to default…

As phased reopening plans are initiated across the country, many business owners are fearful that reopening may bring with it the possibility of significant liability exposure for COVID-19 related lawsuits. Businesses already feeling the impact of a national economic crisis could face an even more devastating financial impact absent some type of protection. It is inevitable that members of the public will continue to contract COVID-19, despite the precautionary measures in place and those contemplated…