Friday, 20 March 2020 15:18

Litigation in a Coronavirus Environment

As the coronavirus pandemic extends its grip across the Commonwealth of Pennsylvania, its effects are felt throughout the practice of law.  The very nature of litigation, the need for witness testimony, advocacy and argument before a tribunal, judge or jury necessarily implicates close personal contact.  While measures to preserve the status quo are certainly necessary, the impact on pending litigation as well as potential new litigation, is developing.  


On March 18, 2020, President Trump signed the Families First Coronavirus Protection Act (the “Act”) into law.  The Act includes provisions to assist employers and employees during these extraordinary times. 

Expansion of Protections Under the Family and Medical Leave Act

For the period of time beginning April 2, 2020 to December 31, 2020, the Act expands the protections of the Family and Medical Leave Act (“FMLA”).  Employees may be eligible for a combination of paid and unpaid leave for a period of up to 12 weeks under the FMLA, under certain conditions. 

As our collective understanding of COVID-19’s national (and global) impact continues to develop, many business owners may wonder whether their commercial general liability (CGL) policies can provide coverage against any claims associated with COVID-19, or any other infectious disease.

The impact of the COVID-19 global pandemic is rippling through the United States economy.  Mass cancellations, closures, travel restrictions, containment zones and school closures at every level leave many business relationships interrupted.  Goods and services previously planned for and anticipated are no longer required.  Buyers are scrambling to cancel.  The grocery store shelves are empty and the markets experienced perhaps the most volatile week in history.  We are entering a period of great uncertainty.  

Late Friday, the United States House of Representatives passed the Families First Coronavirus Response Act (the “Act”). The President has tweeted his support of the legislation, and the Senate will take it up this week.