(Dan here…a note for reality)
It’s necessary, Mitch McConnell and his colleagues say, because of a “flood” of frivolous lawsuits crushing businesses and threatening economic recovery. So it’s important to say this clearly and out loud: there is no crisis of COVID-19 litigation. It’s made-up, it doesn’t exist, it’s a ploy to get businesses out of paying for compliance. That’s entirely it.
We have all the evidence we need on this. Hunton Andrews Kurth, a law firm, has been dutifully tracking COVID-19 complaints at its website for all to see. As of today, it shows 3,521 “complaints,” but the majority of those involve petitions for prisoner release and fights over insurance claims, as well as consumer and contract disputes. Under “labor and employment” there are a grand total of 302 cases, total, across the entire country.
There are 616 “civil rights” claims, and while most of those are challenges to stay-at-home orders, a couple of those might be business-related. At least one high-profile workplace case, against Tyson and JBS meatpacking plants, is being contested under the Civil Rights Act. The claim is that the largely Black and Latino workforces were not protected due to racial discrimination, compared to the mostly white managers. But that’s a very particular situation.
If you’re talking about the kind of cases that McConnell claims are “flooding” courts—“conditions of employment” cases alleging wrongful death, exposure to COVID-19, or a lack of personal protective equipment—there are 67 such cases. There are 33 wrongful death cases in the “Health/Medical” section but almost all of them have been filed against nursing homes. There are 6 malpractice cases, only one a COVID-19 misdiagnosis that resulted in death (three others are about nursing homes). There’s exactly one (1) miscellaneous wrongful death tort case outside the labor and health sections.