Schwartz Details Strategies to Defend Against “COVID-19 Tort Fest”

Shook Public Policy Group Co-Chair Victor Schwartz has authored “Trial Lawyer Greed in Time of Need: The COVID-19 Tort Fest and How to Curb It” for the Washington Legal Foundation. In this Legal Backgrounder, Schwartz identifies four potential categories, excluding health care providers, that plaintiff’s attorneys are likely to target for litigation related to COVID-19: “(1) any business where a person could contract COVID-19; (2) neighbors who negligently expose fellow neighbors and guests to COVID-19; (3) manufacturers or sellers of products viewed as protecting people from COVID-19; and (4) manufacturers of drugs that appear useful in curing or reducing the symptoms of COVID-19.”

Schwartz details each possibility and provides suggestions for defenses that may help companies that are targeted for litigation. “In the coming months, there will be battles in Congress, state legislatures, the courts, and the media over the validity of tort claims related to COVID-19. Will plaintiff lawyers who orchestrate litigation be regarded by the public as heroes or as opportunists who seek to exploit a worldwide pandemic?”