COVID-19

Massachusetts had more deaths on its roads in 2021 than in any year since 2009.  According to a new report from the Massachusetts Department of Transportation, four hundred and eight people died on Massachusetts road last year, including drivers, passengers, bicyclists, and pedestrians.  This death total is nineteen percent higher than the 2020 total of 343 fatalities.

There are many explanations for this increase in fatalities.  Beginning in April of 2020, there was an increase of reckless driving and speeding which was explained by the Covid-19 pandemic emptying roadways which used to home congested streets.
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Last week, a Federal Judge in Boston denied the motion of two hundred and twenty-nine Massachusetts General Brigham employees who sought an injunction to prevent the company from enforcing its vaccine mandate.  Prior to that, the Court ruled against a group of Massachusetts correction officers who similarly asked for an injunction on the vaccination mandate.  Putting aside the hot button question as to whether or not employers should be able to mandate vaccinations for its employees (of which there are strong arguments both for and against), the reality is that a large number of employees in Massachusetts are going to be facing a decision that they do not want to have to make: get the vaccine or lose their job.

Massachusetts General Brigham employees approximately 77,000 people across its hospital network, so the two hundred and twenty-nine employees that joined in the Court case to try and block the mandate represents a very small fraction of its total workforce.  In fact, Massachusetts General Brigham estimates that over ninety-five percent of its employee base has been at least partially vaccinated.
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When Governor Charlie Baker prohibited restaurants from letting customers eat or drink indoors and ordered the temporary closure of “non-essential” businesses via Order No. 13 on March 23, 2020, it was known that there would be extensive implications of that decision for many businesses.  Some businesses have shuttered completely while others have successfully launched profitable curbside or take out businesses.  One issue that was not addressed in March of 2020 was what are the rights and responsibilities for landlords and tenants of commercial leases.  It took nearly a year, but the first major decision surrounding the issue was made on February 8, 2021.
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One of the most important parts of the discovery process in any claim or civil litigation are the depositions.  In a personal injury claim, the injured party is almost always deposed and the defendant is often deposed as well (unless liability is not disputed).  In an employment law claim, depositions can take place not only of the people directly involved in the claim, but often all of the employees of the company.  Any litigator will tell you the importance of depositions to a legal claim.  They can make or break a lawsuit, sometimes only with one wrong answer.
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Almost since the COVID-19 pandemic began, the question of whether or not a vaccination would be mandatory has been a regular part of public discourse.  On December 11, 2020, the Commonwealth of Massachusetts started distributing the Pfizer-BioNTech COVID-19 Vaccine and has pushed the conversation to the forefront.  Many people have expressed hesitation or outright disapproval of taking any vaccination for COVID-19.  However, it is likely that an employer will be able to require his or her employees to receive the vaccination as a condition of continued employment.

The precedent in the Commonwealth of Massachusetts was established in 1905.
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As hard it is to believe we are over seven months into the COVID-19 pandemic and the legal community is beginning to see some trends with regards to COVID-19 related litigation.  There are two trends in particular that should be noted: the increase in serious automobile accidents and the increase in lawsuits against individual owners and managers of corporations, as opposed to just the corporations themselves.

It has been pretty well established that traffic has decreased significantly since the first wave of shutdowns in March 2020, so it may surprise some that there has been an increase in serious automobile accidents since that time.  In fact, the number of motor vehicle fatalities per miles driven increased by fourteen percent in comparing March 2019 to March 2020 according to a National Safety Council report.  Since March 2020 there have been many serious accidents on the roadways despite a general decrease in the number of drivers.
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As I write this, we are three months and one day into the declared Coronavirus Pandemic, where many of us have spent our time at home practicing social distancing. We have all watched as the confirmed cases and casualties have climbed with Massachusetts a hotbed of activity. For many this has been an unprecedented experience, and, in some ways, it has brought us all metaphorically closer as we keep our minimum six feet apart. With daily and weekly updates, a plethora of broadcasts and articles, we have waited anxiously for this moment and as of May 15, 2020, the Baker-Polito Administration have unveiled their four-phase plan to reopen the Commonwealth of Massachusetts. Any dates that have been projected are currently tentative as the Commonwealth begins to take into account the probable cases going back to March 1^st when the declaration was made and continues to reevaluate based on data trends.
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In the time of the Coronavirus Pandemic, everyone has had to get used to things being a little bit different than the day to day norm. So many beloved institutes are temporarily closed, gearing up to open with strict guidelines in place. People are slowly going back to work, and children are finishing up the year with distance learning. But with some industries unable to safely comply with the new distancing guidelines, there is the question of whether those who have moved to telecommuting for the duration of the state instituted lockdown are going to remain working from home, and if so, whether it is a temporary change or the new face of employment.

With the current state of affairs, the phrase ‘working from home’ has been replaced with ‘telecommuting,’ the difference in the two being that the latter now stands for salaried or contracted employees working full time from a remote location which should be treated as a branch of the institute, whereas the previous is now being seen as those specialized, short term closures.

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March 1, 2020, the day that the Coronavirus was declared a global pandemic, seems so far away as we head into the month of May.  Like a bad dream or childhood cartoon, the days have begun to morph into a singular, collective day for many as the uncertainty, fear and rapid changes continue. As the state with the third highest number of cases in the United States, Massachusetts has closed public and private schools for the rest of the year, postponing jury trials until at least July 1^st, 2020, issued stay at home orders, social distancing guidelines, and a plethora of other measure sin an effort to keep citizens safe.

For many, the stay at home orders are a question in and of themselves. With some industries being deemed essential and childcare centers closed, there has been repeated questions as to what that means for employees.

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