On May 5, 2021, a federal judge in the U.S. District Court for the District of Columbia vacated the national moratorium on evictions previously issued by the Centers for Disease Control and Prevention (CDC). The judge granted summary judgment in favor of the plaintiffs—three rental companies—reasoning that the CDC exceeded its statutory authority to respond to public health emergencies pursuant to the Public Health Service Act. However, despite this ruling, North Carolina’s moratorium on evictions remains in effect, as Governor Roy Cooper previously issued his own executive order extending the moratorium on evictions in North Carolina through June 30, 2021. Whether Governor Cooper will continue to extend the mortarium on…
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POLICING THE AIRLINES: MINNESOTA OFFICER SUES UNITED AIRLINES FOR REFUSING REFUND FOR COVID-19 FLIGHT CANCELLATION
Minnesota police officer Jacob Rudolph planned to take his family to Hilton Head, SC for vacation on April 4, 2020—then the COVID-19 pandemic hit. Rudolph paid $1,521.45 for three tickets in January 2020. The airline cancelled thousands of flights due to the coronavirus pandemic, impacting thousands more customers. United Airlines offered to rebook its customers’ flights or issue travel vouchers, which would expire one year from the original ticket date. The airline since extended the voucher expirations for up two years. After repeatedly requesting a refund to no avail, Rudolph filed a federal class action lawsuit in Chicago (read it here). United Airlines’ refusal to refund passengers is particularly troubling…
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CORONAVIRUS EXPOSURE AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
The World Heath Organization recently classified the coronoavirus outbreak as a global pandemic, and everyone should consider steps to protect themselves from the virus. But what if you’ve already been exposed? Two passengers aboard the quarantined Grand Princess cruise ship filed a federal lawsuit in California, alleging Princess Cruise Lines, Ltd. (“Princess”) caused them emotional distress by exposing them to the virus. A claim of negligent infliction of emotional distress (“NIED”) will likely be among the causes of action included in the lawsuit. What is NEID, and how does a plaintiff establish a prima facie case? The Elements In North Carolina, to allege NIED, the plaintiff must establish…
