In a recent decision, causation proved to be a determinative factor in the viability of multiple claims subject to the same force majeure clause. District judge rules that broad.
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A federal judge in Washington, D.C. has ruled that the Centers for Disease Control and Prevention (CDC) exceeded its authority in issuing a nationwide eviction moratorium aimed at protecting renters facing hardship in the wake of the COVID-19 pandemic.
In a twenty-page decision,
1 U.S. District Judge Dabney L. Friedrich recognized that COVID-19 has created a serious public health crisis with unprecedented challenges for public health officials but nonetheless found that the CDC did not have authority to impose a nationwide eviction moratorium under the Public Health Service Act (PHSA).
Wednesday, May 12, 2021
On May 5, 2021, the United States District Court for the District of Columbia (“DC Court”) vacated a nationwide eviction moratorium order issued by the Centers for Disease Control (“CDC”) to help mitigate the spread of COVID-19 in
Alabama Association of Realtors, et al. v. United States Department of Health and Human Services, et al.
1 (the “Decision”). The DC Court found that the CDC exceeded its authority in issuing such moratorium on nationwide evictions of rental properties and that the CDC Order should be set aside. The Decision was immediately appealed by the Justice Department on behalf of the CDC and the ruling has been stayed pending such appeal.
In
Hytera Communications Corp. Ltd. v. Motorola Solutions, Inc., 1-17-cv-01794 (NDOH 2021-04-29, Order) (Donald C. Nugent), the District Court denied defendant’s motion for attorney fees under 35 U.S.C. § 285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.”
As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.” The determination of whether to award fees requires a two-step process: first, the court must make a factual determination as to whether the case is “exceptional,” and second the court must exercise its discretion to determine if an award of attorney fees is warranted. Under the Federal Circuit’s holding in
Monday, May 10, 2021
A federal judge in Washington, D.C. has ruled that the Centers for Disease Control and Prevention (CDC) exceeded its authority in issuing a nationwide eviction moratorium aimed at protecting renters facing hardship in the wake of the COVID-19 pandemic.
In a twenty-page decision,
1 U.S. District Judge Dabney L. Friedrich recognized that COVID-19 has created a serious public health crisis with unprecedented challenges for public health officials but nonetheless found that the CDC did not have authority to impose a nationwide eviction moratorium under the Public Health Service Act (PHSA).
2
THE CDC ORDER
Former president Trump declared the COVID-19 outbreak a national emergency on 13 March 2020. He signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)