Immunity, Preemption of State Laws, and the Exercise of Federal Power in National Emergencies

Carl J. Schaerf and David Robert Struwe published a client alert, “Immunity, Preemption of State Laws, and the Exercise of Federal Power in National Emergencies.”

As the country begins to strategize on how to safely reopen the economy, debate is beginning to stir as to whether the government should provide immunity to businesses as protection from COVID-19 related litigation. Talking points regarding how to reopen include the President’s statement that “the cure cannot be worse than the problem itself.” Given the deadly effects of the coronavirus and the devastating impact of the shutdown of the economy, these talking points necessarily raise questions regarding how the government balances the need to protect both lives and livelihoods.

Click here to read the full Alert.

Please visit our COVID-19 Resource Center for additional guidance.