![]() ![]() In a more recent filing, the City of Riviera Beach General Employees Retirement System is suing Royal Caribbean Cruises and various directors and officers, alleging the cruise line failed to disclose the decrease in bookings it was experiencing early in the pandemic. Led by Employer-Teamsters Local 175 & 505 Pension Trust Fund, investors are seeking damages for the more than 50 percent dive the company’s stock took after reports of the deceptive campaign made newspaper headlines last March. The Cheesecake Factory stated that its restaurants were “operating sustainably” and failed to disclose the company was losing $6 million weekly with only 16 weeks of cash on hand remaining, according to the SEC order.Ī consolidated securities fraud class action against Norwegian Cruise Line alleges the cruise line ran a “top-down” deceptive sales campaign downplaying the effects of the pandemic to prospective customers in order to reduce revenue losses. Securities and Exchange Commission to settle allegations that it made misleading disclosures last spring about the impact of the pandemic on its business operations and finances. The Cheesecake Factory agreed to pay a $125,000 civil penalty to the U.S. However, the decision left open the possibility that students will be able to recover campus recreation fees. Northeastern University, however, a Massachusetts federal judge sided with the institution, saying it was not obligated to refund student tuition after switching to online learning, noting that the contract did not promise in-person instruction. The judge said more factual development was necessary to clarify the terms and conditions of the relationship between the school and its students. In Chong et. Judges in several states have allowed lawsuits to move forward, such as a Florida federal judge who denied Lynn University’s bid to dismiss a proposed class action over its decision not to issue partial tuition and fee refunds. The cases, most of which allege breach of contract, have been met with mixed results. In a recently filed suit against the University of Illinois system, for instance, students claim they paid for access to the university’s facilities, on-campus experiences and in-person instruction but did not receive these services once the university system went remote. More than 200 COVID-19-related class actions have been filed against colleges and universities by students seeking refunds of tuition and fees related to the switch to online learning amid campus closures. ![]() The cases were brought by businesses alleging Erie wrongfully refused to cover lost income due to COVID-19 stay-at-home orders. ![]() Similarly, more than a dozen cases against Erie Insurance Group were centralized in Pennsylvania. This litigation centers on the insurer’s failure to pay policyholders for trips that were canceled due to COVID-19. District Court for the Southern District of New York, which is home to the travel insurance company’s U.S. Twelve lawsuits against the Assicurazioni Generali Group were centralized in the U.S. Multidistrict litigation is being employed to process multiple COVID-19 cases against a single insurer more efficiently and consistently. ![]() , a North Carolina court sided with a group of 16 restaurants, ruling that the definition of “direct physical loss” includes “inability to utilize” and declaring the insurance carrier must replace the policyholders’ COVID-related lost income. Notably, in North State Deli, LLC, et al. Courts thus far have largely sided with insurance companies, finding that, under the terms of many policies, insurers are only liable for claims stemming from suspended operations due to physical loss or damage resulting from events such as fires, vandalism or natural disasters.īut while many cases have been dismissed, policyholders have recorded some successes. This has led to more than 1,500 lawsuits, many of them class actions, against insurers. Insurance companies have widely denied business interruption claims brought by restaurants, entertainment facilities and other businesses looking to recoup lost income from pandemic-related closures. Here is a look at these and other trends shaping the litigation landscape. More than 1,400 coronavirus-related class actions have been brought since the pandemic began, with 25 percent and 22 percent centered on business interruption insurance and university closures, respectively. COVID-19 will continue to have a major impact on litigation in 2021. ![]()
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