Analysis

The COVID-19 Toll Has Ended, Long Live the COVID-19 Toll!

The COVID-19 Toll established by the Governor’s executive orders came to an end on Nov. 3, 2020. Yet, the hope of many lawyers in the state, particularly those belonging to the plaintiffs’ bar, is that it lives on in our jurisprudence. In his New York Practice column, Patrick Connors writes that if it is truly a toll and the Governor had the power to implement it, parties will be relying on it and courts will be grappling with it through the middle of this decade.

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Patrick M. Connors Patrick M. Connors

After a run of seven and one-half months, the COVID-19 Toll established by the Governor’s executive orders came to an end on Nov. 3, 2020. Yet, the hope of many lawyers in the state, particularly those belonging to the plaintiffs’ bar, is that it lives on in our jurisprudence. As we noted in the hypotheticals in the July 17 article in this space, if it is truly a toll and the Governor had the power to implement it, parties will be relying on it and courts will be grappling with it through the middle of this decade.

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