The American Bar Association has published a new landmark treatise from the Litigation Section, "Infectious Disease Litigation: Science, Law & Procedure." This practice guide is written by scientific experts and litigators and captures the emerging lessons of the COVID-19 pandemic that are changing litigation in this area.
Early chapters provide essential information covering microbiology and epidemiology. The book builds on this to provide guidance concerning different legal theories under which infectious diseases may be brought, and jurisdictional considerations.
Additional chapters relate infectious diseases to product liability, premises liability, food-borne illnesses, employment disputes, constitutional issues raised by quarantine and governmental restrictions, contract disputes, and insurance coverage issues. These chapters provide an overview of each area, laying out the elements of claims and defenses.
"Infectious Disease Litigation" is a practical guide, covering discovery planning, HIPAA compliance, jurisdictional and venue considerations, multidistrict litigation and class actions, punitive damage considerations, and jury trials. The authors of each chapter provide insights that arrive only from extensive experience.
"Infectious Disease Litigation: Science, Law & Procedure" costs $79.95 and can be ordered by calling 800-285-2221 or online ShopABA.org.