July 30, 2020

Immunity in the Age of COVID-19



Florham Park partner Michael C. Zogby and Chicago associate Blake Angelino presented “Immunity in the Age of COVID-19” on July 30, 2020, before the Products Liability Advisory Council (PLAC) members and in-house counsel from a variety of companies. The presenters talked about the HHS Advisory Committee Opinion, current legislation and political activity, and the individual states’ Good Samaritan Laws, Executive Orders, and Legislative Action related to liability and immunity issues for product manufacturers. The presentation included an analysis of tort immunity and other protections provided by the PREP Act and other state law provisions and the application of the PREP Act and the limitations of its protections for manufacturers. In addition to the immunity created by the PREP Act, several states have proposed or passed laws or had governors issue executive orders aimed at granting immunity from COVID-related tort claims to product manufacturers and other business. Mike and Blake discussed the pending and final legislation and whether these efforts could be used to defeat claims of tort liability.

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