Silverman to Speak With Judges About COVID-19 Litigation

Public Policy Partner Cary Silverman will speak at the Antonin Scalia Law School’s Law & Economics Center’s annual judicial symposium on COVID-19 litigation, November 13, 12:00 – 1:15 pm EST.

Silverman will participate in a panel discussion on “Tort Liability for Businesses During COVID-19: How to Determine the Duty of Care During a Pandemic While Incentivizing Safe Commercial Activity.” Judge Chad Readler of the U.S. Court of Appeals for the Sixth Circuit will be moderating the panel, which will include distinguished law professors from Arizona State University, Georgia State University and Northwestern University.

Silverman will present an overview of nearly 4,500 COVID-19 related complaints, focusing on the subset of claims that allege a business is responsible for a person contracting the virus or that a business’ operation poses a risk of exposure. He will discuss the challenges businesses face in COVID-19 exposure cases and why causation, while a challenge for plaintiffs, will not preclude litigation. Silverman will also highlight laws recently enacted by state legislatures that incentivize safe operations during the pandemic by providing safe harbors for compliance with public health guidance, raising the standard for liability, or both.