COVID-19 Business Litigation
Here are 12 examples of businesses suing governmental entities–or each other—over COVID-19 government orders. Texas Lawyer researched the cases on Hunton Andrews Kurth’s COVID-19 Complaint Tracker.
Venue: Tarrant County district court
Case: Populus Financial Group Inc. v. City of Saginaw
Dispute: The plaintiff runs a check-cashing business and argued it qualified as an essential business, but the city shut it down.
Plaintiffs lawyer: Ryan K. McComber
Defense lawyer: Frederick “Fritz” Quast
DATE: March 29
Venue: Bexar County district court
Case: Mega Vape v. San Antonio
Dispute: The plaintiff, a vaping shop, claimed the city revoked its occupancy certificate and threatened to disconnect utilities if the business did not shut down during the pandemic.
Plaintiffs lawyer: Gerrit Schulze
Defense lawyer: Deborah Klein
Response: The city denied the allegations and argued it has immunity.
DATE: April 9
Venue: U.S. District Court, Western District, Pecos
Case: Bryan v. Cano
Dispute: The plaintiff, who owns a hotel in Marathon, alleged that Brewster County’s order closing hotels, motels and short-term rentals deprived him of constitutional rights.
Plaintiffs lawyer: Francis S. Ainsa Jr.
Defense lawyer: Jason Eric Magee
Response: The defendant argued the court should dismiss the complaint because the dispute centers around a political question that is best handled in another branch of government, not the judiciary.
DATE: April 10
Venue: Collin County district court
Case: J.C. Penney Corp. Inc. v. Sephora USA
Dispute: After disagreements over furloughing employees during the pandemic and sanitation methods upon reopening, department store J.C. Penney Corp. alleged that Sephora, a beauty products store that operates inside J.C. Penney locations, threatened not to open unless the parties’ contract term was shortened.
Plaintiffs lawyer: Jeremy A. Fielding
Defense lawyer: C.S. Jones
DATE: April 27
Venue: Hays County district court
Case: Oakhaven Partners v. Serendipity Farms
Dispute: The plaintiff is a horse farm that leased land to a horse riding and training company, and created COVID-19 precautions that the defendant allegedly has violated.
Plaintiffs lawyer: Michael Deitch
Defense lawyer: C. Wilson Shirley
Response: Serendipity has denied the allegations.
DATE: May 1
Venue: U.S. District Court, Northern District, Fort Worth
Case: 5316 Superior v. Fort Worth
Dispute: The plaintiff, which operates a strip club, claimed the city of Fort Worth unlawfully forced its closure because it operated a sexually oriented business.
Plaintiffs lawyer: Casey T. Wallace
Defense lawyer: no appearance
Status: Dismissed by plaintiff
DATE: May 5
Venue: Harris County district court
Case: Hotze v. Hidalgo
Dispute: The plaintiffs, a doctor and restaurant owner, alleged that one of Harris County’s COVID-19 orders forced businesses to close that should have remained open under the governor’s emergency order of the time.
Plaintiffs lawyer: Jared Woodfill
Defense lawyer: defendant claimed Seth Barrett Hopkins
Response: The plaintiff has filed multiple frivolous lawsuits over COVID-19 orders.
Status: Nonsuited without prejudice by plaintiffs
DATE: May 5
Venue: Galveston County district court
Case: Landry v. Yarbrough
Dispute: The plaintiff, a bar owner, claimed the defendants improperly forced her to close her bar in violation of the governor’s emergency order of that time.
Plaintiffs lawyer: Jared Woodfill
Defense lawyer: Robert E. Booth
Status: Plaintiff nonsuited on June 29
DATE: May 19
Venue: Travis County district court
Case: Parker v. Texas Alcoholic Beverage Commission
Dispute: The plaintiffs own a bar and restaurant and alleged the defendant tried to shut down their business in violation of the governor’s emergency order of that time.
Plaintiffs lawyer: Jared Woodfill
DATE: May 21
Venue: Collin County district court
Case: Galovelho v. Abbott
Dispute: The plaintiff, a restaurant owner, alleged that state and local COVID-19 shutdown orders, which destroyed its business, were unconstitutional and invalid.
Plaintiffs lawyer: James C. Mosser
Defense lawyers: Adam Arthur Biggs, Robert J. Davis, Darrell G-M Noga
Response: All defendants have denied the allegations, and some argue the court doesn’t have jurisdiction to hear the lawsuit.
DATE: May 22
Venue: Harris County district court
Case: Landry’s Seafood Inn & Oyster Bar-Galveston Inc. v. Weingarten Realty Investors
Dispute: The plaintiff, a restaurant operator, alleged the defendants, a landlord, threatened to deny access to the building
Plaintiffs lawyer: Michael Gallagher
Defense lawyer: Yasmin Islam Atasi
Status: The court on June 9 granted a temporary restraining order that said the defendants cannot stop the plaintiff from accessing its property.
DATE: June 9
Venue: Travis County district court
Case: Parker v. Abbott
Dispute: A large group of bar owners sued Abbott over his decision to close down bars again because of the surge in Texas COVID cases.
Plaintiffs lawyer: Jared Woodfill
DATE: June 29
Venue: Bexar County district court
Case: Mega Vape v. San Antonio
Dispute: The plaintiff, a vaping shop, claimed the city revoked its occupancy certificate and threatened to disconnect utilities if the business did not shut down during the pandemic.
Plaintiffs lawyer: Gerrit Schulze
Defense lawyer: Deborah Klein
Response: The city denied the allegations and argued it has immunity.
DATE: April 9
Venue: Bexar County district court
Case: Mega Vape v. San Antonio
Dispute: The plaintiff, a vaping shop, claimed the city revoked its occupancy certificate and threatened to disconnect utilities if the business did not shut down during the pandemic.
Plaintiffs lawyer: Gerrit Schulze
Defense lawyer: Deborah Klein
Response: The city denied the allegations and argued it has immunity.
DATE: April 9
Venue: Bexar County district court
Case: Mega Vape v. San Antonio
Dispute: The plaintiff, a vaping shop, claimed the city revoked its occupancy certificate and threatened to disconnect utilities if the business did not shut down during the pandemic.
Plaintiffs lawyer: Gerrit Schulze
Defense lawyer: Deborah Klein
Response: The city denied the allegations and argued it has immunity.
DATE: April 9