Litigation & enforcement partners Rocky Tsai (San Francisco) and Andrew O’Connor (Boston) hosted a webinar titled “COVID-19 Public Nuisance Risk to Educational Institutions – Lessons from Opioid Litigation.” One of the distinguishing features of recent multidistrict litigation has been the emergence of a new type of public nuisance theory of liability, which reverse engineers public health epidemics into lawsuits by public entities (states, municipalities, hospital districts) asserting claims for “nuisance abatement” relief as expansive as they are expensive. This webinar examined ongoing public scrutiny of colleges and universities with respect to the COVID-19 pandemic through the lens of potential public nuisance litigation risk, and discussed related potential risk management and litigation preparedness topics.
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