Republicans eye sweeping shield from coronavirus liability

By ANDREW TAYLOR
July 17, 2020

WASHINGTON (AP) — A new plan from Senate Republicans to award businesses, schools, and universities sweeping exemptions from lawsuits arising from inadequate coronavirus safeguards is putting Republicans and Democrats at loggerheads as Congress reconvenes next week to negotiate another relief package.

The liability proposal, drafted by Majority Leader Mitch McConnell, R-Ky., and senior Republican John Cornyn of Texas, promises to shield employers when customers and workers are exposed to coronavirus by moving lawsuits to federal court and limiting legal liability to acts of “gross negligence or intentional misconduct,” according to a draft of the plan obtained by The Associated Press.

Supporters say the plan protects businesses and other employers who adhere to public-health guidelines in good faith. Opponents argue it will permit wrongdoing to go unpunished. It’s up to Congress to resolve the debate, with the outcome likely to determine what legal recourse is available to Americans who contract the virus.

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The Republican proposal, which was distributed only in summary form, offers a broad shield by requiring heightened pleading standards stiffening burden-of-proof standards, and capping damages on awards. Employers would also be shielded from investigations by federal agencies.

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