May 22, 2020
Contractual waiver of liability clauses are recognized under Colorado law, but are construed narrowly and “closely scrutinized” to make sure that the agreement was fairly entered into and that the intention of the parties is expressed in clear and unambiguous language. Raup v. Vail Summit Resorts, Inc., 233 F. Supp. 3d 934, 942 (D. Colo. 2017), aff’d, 734 Fed. Appx. 543 (10th Cir. 2018); citing …
May 22, 2020
Kentucky is one of the minority of states that generally requires pre-injury waivers to specifically refer to negligence or clearly intend to bar negligence through other language.1 Kentucky courts use a specific test when determining whether to uphold a pre-injury release. Such a release will be upheld only if:
May 22, 2020
On May 1st, Indiana Governor Eric Holcomb announced Indiana’s “Back on Track” plan, a five-stage roadmap to reopen the state for business. As businesses begin reopening under this plan, they must take steps to keep employees and customers safe from communicating Covid-19 and safeguard against potential liability if a customer contracts the disease at the business location. An express waiver or…
May 12, 2020
The U.S. Patent and Trademark Office (USPTO) temporarily revised statutory deadlines as authorized by the CARES Act, moving many deadlines to June 1, 2020, if the filing delay was due to COVID-19 related circumstances. The party requesting the extension must include a statement that:
A practitioner, applicant, patent owner, petitioner, third-party requester, inventor, or other person associated…
May 11, 2020
Last week, Governor Wolf issued an executive order on May 6, 2020, effective immediately, intended to provide healthcare practitioners with protection from liability while conducting emergency services activities or disaster services activities related to the Commonwealth’s COVID-19 emergency response (“COVID-Services”). The Executive Order designates certain individual healthcare practitioners…
May 9, 2020
As the thoroughbred industry tries to return to a sense of normalcy, plans for thoroughbred sales are underway. Fasig-Tipton has adjusted its calendar to present a new Selected Yearling Showcase on September 9-10 for yearlings typically considered for The Saratoga Sale, as well as yearlings that would typically be offered in the upper echelon of its July Sale and New York Bred Yearling Sale.…
May 8, 2020
The Ohio Judicial Conference has published a checklist designed to guide Courts with respect to jury trials during COVID-19. The first part of this document provides suggestions and checklists that comply with the general guidelines of keeping numbers low in meetings and public spaces, keeping distance between people, using personal protective equipment, and the like. The second part of this…
May 7, 2020
On May 6, 2020, The Supreme Court of Appeals of West Virginia took the first step towards moving past the Covid-19 crisis by issuing an administrative order entitled “Resumption of Operations” stating that “certain court business may resume upon expiration of the judicial emergency” in accordance with Covid-19 Resumption of Operations Protocols issued the same day. The Court’s most recent orders…
April 27, 2020
The latest COVID-19 stimulus package smoothed the way to accessing programs in the CARES Act in three ways that impact the horse industry: (1) additional funding has been made available for the Paycheck Protection Program loans, which remains available to horse farms eligible for the program; (2) horse farms with 500 or fewer employees are now eligible for the Economic Injury Disaster Loan…
April 27, 2020
Governor Justice announced his plan for a partial re-opening of West Virginia. The “West Virginia Strong: The Comeback” plan requires that the state maintain a statewide cumulative percentage of positive COVID-19 test results below three percent for three consecutive days. The current cumulative percentage of positive coronavirus test results is 2.47%.
The plan permits businesses to reopen – but…
April 26, 2020
On April 24, 2020, the Supreme Court of Appeals of West Virginia issues an order (Docket No. 20-Rules-04) which “temporarily amend[s] certain rules governing the conduct of civil litigation under the West Virginia Rules of Civil Procedure.” The Court finds “[a]ccess to the courts requires that parties have the ability to conduct proceedings in civil cases, including hearings, depositions and…
April 24, 2020
On April 21, 2020, the Supreme Court of Appeals of West Virginia entered an amended order which extends the declaration of judicial emergency to May 15, 2020. Like the prior two orders, the order stays all in court proceedings and extends all deadlines:
[A]ll in-person proceedings and court deadlines, except the emergency proceedings described and other proceedings authorized herein, directed to…
May 22, 2020
Contractual waiver of liability clauses are recognized under Colorado law, but are construed narrowly and “closely scrutinized” to make sure that the agreement was fairly entered into and that the intention of the parties is expressed in clear and unambiguous language. Raup v. Vail Summit Resorts, Inc., 233 F. Supp. 3d 934, 942 (D. Colo. 2017), aff’d, 734 Fed. Appx. 543 (10th Cir. 2018); citing …
May 22, 2020
Kentucky is one of the minority of states that generally requires pre-injury waivers to specifically refer to negligence or clearly intend to bar negligence through other language.1 Kentucky courts use a specific test when determining whether to uphold a pre-injury release. Such a release will be upheld only if:
May 22, 2020
On May 1st, Indiana Governor Eric Holcomb announced Indiana’s “Back on Track” plan, a five-stage roadmap to reopen the state for business. As businesses begin reopening under this plan, they must take steps to keep employees and customers safe from communicating Covid-19 and safeguard against potential liability if a customer contracts the disease at the business location. An express waiver or…
May 12, 2020
The U.S. Patent and Trademark Office (USPTO) temporarily revised statutory deadlines as authorized by the CARES Act, moving many deadlines to June 1, 2020, if the filing delay was due to COVID-19 related circumstances. The party requesting the extension must include a statement that:
A practitioner, applicant, patent owner, petitioner, third-party requester, inventor, or other person associated…
May 11, 2020
Last week, Governor Wolf issued an executive order on May 6, 2020, effective immediately, intended to provide healthcare practitioners with protection from liability while conducting emergency services activities or disaster services activities related to the Commonwealth’s COVID-19 emergency response (“COVID-Services”). The Executive Order designates certain individual healthcare practitioners…
May 9, 2020
As the thoroughbred industry tries to return to a sense of normalcy, plans for thoroughbred sales are underway. Fasig-Tipton has adjusted its calendar to present a new Selected Yearling Showcase on September 9-10 for yearlings typically considered for The Saratoga Sale, as well as yearlings that would typically be offered in the upper echelon of its July Sale and New York Bred Yearling Sale.…
May 8, 2020
The Ohio Judicial Conference has published a checklist designed to guide Courts with respect to jury trials during COVID-19. The first part of this document provides suggestions and checklists that comply with the general guidelines of keeping numbers low in meetings and public spaces, keeping distance between people, using personal protective equipment, and the like. The second part of this…
May 7, 2020
On May 6, 2020, The Supreme Court of Appeals of West Virginia took the first step towards moving past the Covid-19 crisis by issuing an administrative order entitled “Resumption of Operations” stating that “certain court business may resume upon expiration of the judicial emergency” in accordance with Covid-19 Resumption of Operations Protocols issued the same day. The Court’s most recent orders…
April 27, 2020
The latest COVID-19 stimulus package smoothed the way to accessing programs in the CARES Act in three ways that impact the horse industry: (1) additional funding has been made available for the Paycheck Protection Program loans, which remains available to horse farms eligible for the program; (2) horse farms with 500 or fewer employees are now eligible for the Economic Injury Disaster Loan…
April 27, 2020
Governor Justice announced his plan for a partial re-opening of West Virginia. The “West Virginia Strong: The Comeback” plan requires that the state maintain a statewide cumulative percentage of positive COVID-19 test results below three percent for three consecutive days. The current cumulative percentage of positive coronavirus test results is 2.47%.
The plan permits businesses to reopen – but…
April 26, 2020
On April 24, 2020, the Supreme Court of Appeals of West Virginia issues an order (Docket No. 20-Rules-04) which “temporarily amend[s] certain rules governing the conduct of civil litigation under the West Virginia Rules of Civil Procedure.” The Court finds “[a]ccess to the courts requires that parties have the ability to conduct proceedings in civil cases, including hearings, depositions and…
April 24, 2020
On April 21, 2020, the Supreme Court of Appeals of West Virginia entered an amended order which extends the declaration of judicial emergency to May 15, 2020. Like the prior two orders, the order stays all in court proceedings and extends all deadlines:
[A]ll in-person proceedings and court deadlines, except the emergency proceedings described and other proceedings authorized herein, directed to…
