Thread by @JuddLegum, 1. McConnell is insisting on a liability shield for businesses in the [...]

1. McConnell is insisting on a liability shield for businesses in the next COVID-19 bill to prevent "frivolous lawsuits"

THE TRUTH: he's proposing to protect corporations in virtually every circumstance, no matter how egregious the conduct

Let's review https://popular.info/p/ultimate-immunity

Ultimate immunity

With the pandemic raging and unemployment well above 10%, Congress is rushing to pass another relief bill. Extended unemployment assistance will expire in days, millions are at imminent risk of...

2. The first thing to understand is that its pretty difficult to recover for any injury in American courts.

Plaintiff's are responsible for proving the defendant was careless, their carelessness caused the injury, and the injury caused specific damages https://popular.info/p/ultimate-immunity

Ultimate immunity

With the pandemic raging and unemployment well above 10%, Congress is rushing to pass another relief bill. Extended unemployment assistance will expire in days, millions are at imminent risk of...

3. Even if a Plaintiff achieves all of that, a Defendant can still win if they can prove that the plaintiff's own conduct played a significant role in the injury https://popular.info/p/ultimate-immunity

Ultimate immunity

With the pandemic raging and unemployment well above 10%, Congress is rushing to pass another relief bill. Extended unemployment assistance will expire in days, millions are at imminent risk of...

4. You can see why this would make any COVID-19 injury case VERY DIFFICULT to win.

How do you prove you contracted a highly-contagious virus in a specific location?

How do you prove it was the businesses fault and not because you didn't wash your hands? https://popular.info/p/ultimate-immunity

Ultimate immunity

With the pandemic raging and unemployment well above 10%, Congress is rushing to pass another relief bill. Extended unemployment assistance will expire in days, millions are at imminent risk of...

5. McConnell's bill takes this very difficult burden and makes it effectively impossible.

Plaintiff's will no longer be able to just prove negligence.

They have to prove "gross negligence" -- that the corporation acted consciously, knowing it would put people in danger

6. Plaintiff's couldn't just prove it was "more likely than not" that the corporation was grossly negligent. They would have to prove gross negligence by "clear and convincing evidence," one of the highest evidentiary standards. https://popular.info/p/ultimate-immunity

Ultimate immunity

With the pandemic raging and unemployment well above 10%, Congress is rushing to pass another relief bill. Extended unemployment assistance will expire in days, millions are at imminent risk of...

7. Even if somehow a plaintiff was able to do all that, a grossly negligent defendant could still win by showing it made "reasonable efforts" to comply w/government guidelines

Not that it complied with government guidelines, just that it gave it a shot https://popular.info/p/ultimate-immunity

Ultimate immunity

With the pandemic raging and unemployment well above 10%, Congress is rushing to pass another relief bill. Extended unemployment assistance will expire in days, millions are at imminent risk of...

8. Since guidelines by the CDC are optional and not mandatory you can actually comply with CDC guidelines without doing anything at all.

This seems like a pretty big loophole https://popular.info/p/ultimate-immunity

Ultimate immunity

With the pandemic raging and unemployment well above 10%, Congress is rushing to pass another relief bill. Extended unemployment assistance will expire in days, millions are at imminent risk of...

9. The bill also bars all COVID-19 injury cases from state court and moves them all into federal court which is a venue that is much friendlier to defendants https://popular.info/p/ultimate-immunity

Ultimate immunity

With the pandemic raging and unemployment well above 10%, Congress is rushing to pass another relief bill. Extended unemployment assistance will expire in days, millions are at imminent risk of...

10. The bill, in other words, makes COVID-19 litigation something that would be unlikely to something that is virtually impossible

This would create an environment where businesses would have an incentive to cut corners to save money https://popular.info/p/ultimate-immunity

Ultimate immunity

With the pandemic raging and unemployment well above 10%, Congress is rushing to pass another relief bill. Extended unemployment assistance will expire in days, millions are at imminent risk of...

11. There is no flood of litigation. According to a law firm that tracks the data, there have been only 16 lawsuits filed by consumers related to contracting COVID-19 in a public place https://popular.info/p/ultimate-immunity

Ultimate immunity

With the pandemic raging and unemployment well above 10%, Congress is rushing to pass another relief bill. Extended unemployment assistance will expire in days, millions are at imminent risk of...

12. But corporations needs to know there is some chance of liability if they don't keep workers or customers safe

This bill would place everyone at risk https://popular.info/p/ultimate-immunity

Ultimate immunity

With the pandemic raging and unemployment well above 10%, Congress is rushing to pass another relief bill. Extended unemployment assistance will expire in days, millions are at imminent risk of...

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