Following a rise in lawsuits filed against the government over shutdown orders or definitions of essential versus nonessential businesses, Jackson Walker’s COVID-19 Task Force leader Brad Nitschke discussed the legal claims, including those that allege Governor Abbott has exceeded his authority under the Texas Disaster Act to suspend laws in the state.
“The executive is given a large toolbox to respond to emergency situations. To some extent, at least, it sort of has to be that way,” Brad said. “I think we are more accustomed in Texas to what that looks like for a hurricane or tornado, or a catastrophic drought.”
“The executive is given a large toolbox to respond to emergency situations. To some extent, at least, it sort of has to be that way.”
He added, “It’s clear the governor has significant authority to act in the case of a disaster. I think the unique circumstance of a pandemic like this one is going to give courts a chance to figure out what the outer limits of that authority may be.”
To read more, view the Texas Lawyer article “Growing COVID Litigation Trend: Texas Businesses Suing Governments Over Shutdowns” (subscription required).
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CBS 11 Dallas/Fort Worth | After one resident of Hunt County was ordered to be “confined to their home until they test negative for COVID-19,” Brad Nitschke was interviewed about coronavirus-related case filings. Brad noted: “What I do think some of these cases highlight is, at least they allege, is there’s some ambiguity in the state’s disaster statute, and that it’s not clear how far the governor can go in issuing emergency executive orders during a disaster.”
Meet Brad
Brad Nitschke is a partner in Jackson Walker’s Trial and Investigations & White Collar Defense practices. In addition to representing business and healthcare clients in litigation from demand through trial, Brad has particular experience in investigations and crisis response involving allegations of sexual misconduct, financial impropriety, and health care fraud and abuse.