Tag: Covid-19

County of Butler v. Wolf, Covid-19, and the Potential Revival of Economic Substantive Due Process

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Written By: Owen Mattox
Articles Editor, American Journal of Trial Advocacy

          Economic substantive due process, a doctrine seldom invoked since the early twentieth century, may have been thrown a lifeline in the midst of last summer’s nearly nationwide lockdown.  Simply put, the doctrine, made famous by cases like Lochner v. New York that struck down economic regulatory measures, asserted that certain unenumerated rights could be read into the Due Process clause of the Fourteenth Amendment of the Constitution, including the right to pursue economic opportunities.[1] Continue reading “County of Butler v. Wolf, Covid-19, and the Potential Revival of Economic Substantive Due Process” →

Are College and Graduate Students Entitled to Tuition and Fee Refunds for the Spring 2020 Semester?

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Written By: Cecile G. Nicolson
Editor-in-Chief, American Journal of Trial Advocacy

          January of 2020 started with hopeful visions for the beginning of a new decade.  College and graduate students across the country returned to campuses for a new semester, thinking little of the novel coronavirus.  However, as the virus rapidly spread, schools began creating plans for online learning.  Continue reading “Are College and Graduate Students Entitled to Tuition and Fee Refunds for the Spring 2020 Semester?” →

Testing Positive: How Furloughed Employees can Capitalize on Suspended Employment During the COVID-19 Pandemic

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Written By: Michelle Fleenor
Member, American Journal of Trial Advocacy

          The word “furlough” and its heavy implications have proven a harsh reality for many employees during the 2020 year.  Particularly, the introduction of COVID-19 into the American workforce was expected to and has caused a significant downturn in business.[i] Due to the pandemic, companies across the country have responded with crisis management tactics, many of which have affected the normal day-to-day employment practices.[ii]  One of these tactics in particular is the “furlough.”[iii] Continue reading “Testing Positive: How Furloughed Employees can Capitalize on Suspended Employment During the COVID-19 Pandemic” →

Covid-19 Liability: Questions Surrounding Lawsuits for Negligent Conduct in Spreading the Coronavirus

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Written By: Rachel Leigh
Member, American Journal of Trial Advocacy

          The Coronavirus Disease 2019 (“COVID-19”) has taken a remarkable toll on the lives of individuals across the world.  The worldwide death toll has reached over roughly 766,080 individuals, and in the United States over 169,481 individuals have lost their lives due to the virus.[1]   Continue reading “Covid-19 Liability: Questions Surrounding Lawsuits for Negligent Conduct in Spreading the Coronavirus” →

Consumer Fraud Epidemic: Price Gouging and Exploitation Amidst the COVID-19 Health Crisis

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By: Dylan Martin
Member, American Journal of Trial Advocacy

          Growing concerns about the spread of the COVID-19 virus and the effort of the government and public health officials to “flatten the curve” has led to widespread lockdowns, resulting in shutdowns of businesses, layoffs for employees, and mandatory curfews.[i]  In addition to affecting the social and work lives of individual Americans, the novel COVID-19 is also causing a significantly strenuous impact on the U.S. healthcare system and economy. Continue reading “Consumer Fraud Epidemic: Price Gouging and Exploitation Amidst the COVID-19 Health Crisis” →

Will You be Held Liable During the COVID-19 Pandemic for a Breach of Contract?

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By: Ryan Jones
Articles Editor, American Journal of Trial Advocacy

Due to the Coronavirus, or COVID-19, local, state, and federal governments are forcing businesses to close their doors and send employees home.  These unprecedented measures being taken to prevent the spread of COVID-19 have resulted in businesses struggling to perform their contractual legal obligations.  As we continue to see the development of COVID-19 in the upcoming weeks, one thought that keeps lingering is whether or not businesses will be held liable for a failure to perform a contractual obligation due to the pandemic. Put simply, the “answer is, ‘maybe.’”[1]

Continue reading “Will You be Held Liable During the COVID-19 Pandemic for a Breach of Contract?” →