Virus Mental-Health Issues Complicate Legal Gray Area Over Leave

Here are the day’s top coronavirus stories from the team at Bloomberg Law:

• LEGAL GRAY AREA: One-third of nearly 10,000 Americans surveyed by the Pew Research Center in March and April said they’ve experienced anxiety, sleeplessness, or depression. Psychological distress triggered by the pandemic could force employers to address the legally murky area of whether leave is a reasonable accommodation.
• WHISTLEBLOWER SUITS: Money meant to save hospitals and health systems from collapse is likely to ensnarl some providers in high stakes litigation. The Department of Justice is already cracking down on small businesses that fraudulently obtained and misused federal loans provided by the Coronavirus Aid, Relief, and Economic Security Act. Attorneys say health-care providers are next in line to be scrutinized.
• PFAS PLAINTIFFS: Though stay-at-home orders are easing up in some parts of the country, many court cases will take months or longer to get back on track. The delays mean further uncertainty for the already slow-moving mass of hundreds of lawsuits targeting manufacturers and users of so-called forever chemicals—and leave litigants in limbo while they wait for proceedings to restart.

Editor’s Top Picks

Long, Uncertain Season Lies Ahead for Big Law Summer Associates
Summer associate programs typically serve as law students’ first introductions to life in Big Law, providing work experience coupled with lavish cocktail parties, trips to baseball games, and dinners at expensive restaurants. But this summer will be different.

Virus Fears, Unopened Mail Await IRS Employees Returning to Work
Thousands of IRS workers in Kentucky, Utah, and Texas are returning to their offices today to begin sifting through a backlog of millions of unprocessed mail items and returns that has built up. The mandatory recall will potentially affect about 11,000 employees who will resume jobs that can’t be performed from home.

Andrew Yang Wins Appeal to Continue New York Democratic Primary
The New York State Board of Elections can’t cancel the June 23 Democratic presidential primary due to the pandemic, the Second Circuit said, a win for former Democratic presidential candidate Andrew Yang and a group of prospective Yang and Bernie Sanders delegates.

Glassware Maker Libbey Goes Bankrupt With Bars, Restaurants Shut
Libbey Inc., the U.S. glassware maker, filed for bankruptcy after the Covid-19 pandemic intensified a burdensome debt load and strained its access to cash.

Divided Supreme Court Rejects Churches on Covid Restrictions
The U.S. Supreme Court rejected calls by churches in California and Illinois to block restrictions on worship services during the coronavirus outbreak, issuing orders that revealed a deep divide among the justices on the balance between religious liberty and protection of public health.

Louisiana Bill Would Protect Restaurants from Covid-19 Lawsuits
Louisiana lawmakers want to offer broad protections to restaurants from civil liability for coronavirus deaths and injuries.

Insurer Sues Gartner Over Canceled Event Claims: Covid Litigation
Insurance companies are seeking to limit their exposure and obtain favorable rulings on business interruption, event cancellation and other claims. U.S. Specialty Insurance Co. filed two cases against Gartner Inc., a publicly traded research and advisory firm, alleging Gartner is attempting to amend part of its policy covering more than 50 canceled and postponed live events.

Publishers Sue Internet Archive Over Digital Library
The Internet Archive’s “Open Library” and “National Emergency Library” initiatives amount to “willful mass copyright infringement” by distributing scanned copies of over 1.3 million books without paying authors or publishers, four major publishing companies said in a Manhattan federal court complaint Monday. The archive said it started the National Emergency Library in response to the shuttering of public libraries during the pandemic.

INSIGHT: Bar Exam Repeaters Shouldn’t Be Pushed to Back of the Line
Some states are limiting seats to the July bar exam and pushing those who failed the February exam to the end of the line. Four members of the Collaboratory on Legal Education and Licensing for Practice say this isn’t fair and say a profession dedicated to securing justice must not narrow its gates during a pandemic, especially when it licenses new lawyers only twice a year.

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Editor’s Note: The Bloomberg Law news team has been closely covering the legal, regulatory, business, and tax implications of the coronavirus pandemic. This daily email highlights the top stories of the day, across practice areas. To unsubscribe, please adjust your Bloomberg Law newsletter settings. For assistance, contact our help desk at 888-560-2529 or help@bloomberglaw.com.