Kang Haggerty News
With Complaints Rapidly Increasing across the U.S., Now is the time to act
As of May 26, 2020, 2,278 complaints have been filed nationwide over the global pandemic COVID-19 according to the COVID-19 Complaint Tracker developed by lawyers at Hunton Andrews Kurth LLP. While the largest amount of these complaints deal with prison conditions and civil rights , the next highest areas of litigation involve insurance disputes, consumer disputes, labor and employment issues and contract disputes. Claims regarding employment, contracts and force majeure provisions, or clauses contained in contracts which excuse performance due to natural destructive acts also known as “acts of God,” are on the rise. These complaints will continue to be filed as the effects of COVID-19 continue to be felt in ever-changing ways. Many of these complaints have been filed in jurisdictions where Kang Haggerty regularly practices—namely COVID-19 hot spots New York, Pennsylvania and New Jersey. Continue reading ›
On May 15, 2020 Governor Phil Murphy issued Executive Order 145, allowing elective surgeries and elective invasive procedures to resume. 
Many businesses have now turned to the force majeure clauses present in their contracts—invoking the idea that the COVID-19 pandemic is an unforeseeable “act of God” that has hindered the ability of parties to perform their duties as agreed.
While shelter-in-place and other restrictions on business remain in effect due to the pandemic, many expect re-openings (whether gradual, on a timeline, based on industry, or otherwise) are imminent. If you have not adhered to the old adage to “learn from the past lest it repeat itself” maybe now is a good time to review some of your company policies. 
May 6, 2020, New Jersey Governor Phil Murphy issued Executive Order 138, which extends the Public Health Emergency declared on March 9, 2020 and extended on April 7, 2020. EO138 is intended to extend the public health emergency for 30 additional days to prevent its expiry as required under the Emergency Health Powers Act. As such, the emergency declaration is renewed for another month.
Although originally slated for May 8, the construction industry in Pennsylvania re-opened a week early on Friday, May 1st, with guidelines imposed by the Commonwealth. All construction businesses authorized to conduct in-person operations in the Commonwealth must adhere to requirements of the guidance, as well as all applicable business and building safety orders issued by the Secretary of Health, though localities may elect to impose more stringent requirements.
In New Jersey, Executive Order 128 addresses landlord and tenant issues due to COVID-19. Finding that the earlier EO106 provides some protection to tenants by staying enforcement of all judgments for possession, warrants of removal, and writs of possession while in effect (unless the court determines otherwise), EO128 suggests that there are other consequences in addition to evictions, such as interest and late fees and negative credit reports. 
In Delaware, Governor John C. Carney issued a Declaration of State of Emergency in connection with the ongoing coronavirus pandemic. This month, the Declaration was modified (the Tenth Modification) to address the numerous shareholder meetings to be noticed for Delaware companies. The Tenth Modification, acknowledging that physical gatherings are explicitly discouraged, advise that shareholder meetings be held remotely for the “safety, health and wellbeing of participants”.