Federal Court Concludes That Security Officers Union Lacks Standing To Sue On Behalf Of Its Members For Covid-19-Related Workplace Injuries - Litigation, Mediation & Arbitration - United States - Mondaq News Alerts

Seyfarth Synopsis: On August 30, 2021, in Massone, et al. v. Washington, No. 20-CV-7906, 2021 WL 3863081(S.D.N.Y. Aug. 30, 2021), the U.S. District Court for the Southern District of New York dismissed a lawsuit brought by the U.S. Security Officers Union (the "Union") on behalf of its members ("CSOs") against the U.S. Marshals Service and contractor Centerra Group LLC ("Defendants"), alleging that Defendants failed to implement adequate COVID-19 precautions. The Court held that the President of the Union lacked standing to sue because the complaint sought merely monetary damages - rather than equitable relief - on behalf of individual CSOs allegedly harmed by the protocol. The ruling exemplifies that monetary recovery for workplace COVID-19-related injuries is better suited for an individualized lawsuit, unless the relief is sought on behalf of the association itself and is equitable in nature.
Case Background
On September 25, 2020, on behalf of approximately 2,200 members, the President of the Union ("Plaintiff") filed a lawsuit against Defendants, claiming that the COVID-19 precautions in place failed to protect Union members ("CSOs") from infection. Id. at *1-2. Plaintiff alleged that Defendants failed to properly sterilize the working and common areas in federal courthouses and failed to provide adequate personal protective equipment, resulting in COVID-related deaths, sickness, and quarantines of certain CSOs. Id. at *1. Plaintiff also alleged that Defendants...

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