Us Congress 2023-2024 Regular Session

Us Congress House Bill HB93

Introduced
1/9/23  

Caption

Protecting Businesses From Frivolous COVID Lawsuits Act of 2023 This bill requires a specific jury instruction in a federal civil action for damages based on negligence arising from the transmission of COVID-19. Specifically, a court must instruct the jury that negligence may not be found solely on the basis of holding oneself open for business.

Impact

If passed, HB 93 would profoundly impact how negligence claims are evaluated in federal courts concerning COVID-19 cases. By establishing a specific jury instruction, the bill seeks to reduce the success of such lawsuits against businesses by delineating criteria under which negligence can be proven. This change could deter future frivolous lawsuits, promoting a more favorable operating environment for businesses that reopened during the pandemic crisis.

Summary

House Bill 93, known as the 'Protecting Businesses From Frivolous COVID Lawsuits Act of 2023,' is a legislative measure aimed at addressing the legal landscape for businesses that faced lawsuits related to COVID-19. The bill stipulates that in any federal civil action alleging negligence arising from the transmission of COVID-19, the jury must be instructed on the standard of liability to ensure a fair assessment of such claims. Specifically, the bill emphasizes that opening a business should be considered reasonable as a matter of law, reinforcing protections for businesses operating during the pandemic.

Contention

The proposition of this bill is likely to stimulate debates regarding the balance between public health responsibilities and business protections. Proponents argue that it is necessary to shield businesses from undue liability that arose when they followed public health guidelines while navigating the complexities of operating during a pandemic. However, opponents may be concerned that it could weaken protections for consumers who may have been harmed due to negligent practices by businesses amid the COVID-19 crisis. The nuanced discussion will center around both the business community's need for security and the public's right to feel safe and protected.

Companion Bills

No companion bills found.

Previously Filed As

US HB99

Protecting Businesses From Frivolous COVID Lawsuits Act of 2025This bill requires a specific jury instruction in a federal civil action for damages based on negligence arising from the transmission of COVID-19.Specifically, a court must instruct the jury that negligence may not be found solely on the basis of holding oneself open for business.

US HB117

This bill prohibits any entity that receives specified COVID-19 relief funds from mandating COVID-19 vaccines for its employees. An entity that violates this prohibition must return the funding it received.

US HB118

No Vaccine Passports Act This bill prohibits certain actions related to vaccine passports and proof of COVID-19 vaccination. Specifically, a federal agency may not issue a vaccine passport, vaccine pass, or other standardized documentation for the purpose of certifying the COVID-19 vaccination status of a U.S. citizen to a third party, or otherwise publish or share any COVID-19 vaccination record of a U.S. citizen or similar health information. Additionally, proof of COVID-19 vaccination shall not be required to access federal or congressional property or services.

US HB271

Restoring Normalcy in America Act This bill provides civil rights and employment protections for individuals based on their refusal to receive a COVID-19 vaccine and addresses other matters concerning the COVID-19 pandemic. Specifically, the bill prohibits discrimination in places of public accommodation and in federally assisted programs based on an individual's COVID-19 vaccine refusal. In addition, the bill prohibits employers from discriminating against such individuals, including discrimination related to hiring, compensation, advancement, or other employment opportunities. Further, the bill makes it unlawful for an employer to fail to offer any employee who was discharged for a COVID-19 vaccine refusal a position at an equal level and rate of pay to the position the employee held prior to discharge. In particular, the bill provides for the reinstatement of any member of the Armed Forces or federal employee who was involuntarily separated because of a COVID-19 vaccine refusal at the request of an affected individual. Any adverse action related to a COVID-19 vaccine refusal must be removed from an affected individual's military record or personnel file. Additionally, the bill (1) terminates the authority of the Food and Drug Administration to authorize under emergency procedures any drugs, biological products, or devices to prevent or treat COVID-19; and (2) requires the Department of Health and Human Services to study the effectiveness of COVID-19 vaccines and treatments, preparedness for future pandemics, and related matters. The Government Accountability Office must also audit certain federal funding for COVID-19 activities and programs.

US HB103

This bill prohibits the Federal Aviation Administration from setting a requirement that air carriers and foreign air carriers must require a passenger to test negative for COVID-19 to travel domestically on such carriers.

US HB77

This bill establishes which state law governs health insurers offering coverage in multiple states. Specifically, the bill provides that the laws of a state designated by a health insurer (primary state) apply to individual health insurance coverage offered by that insurer in any other state (secondary state) if the coverage, states, and insurer comply with the conditions of this bill. Insurers are exempted from any secondary state's laws that would prohibit or regulate the operation of the insurer in that state. The primary state is given sole jurisdiction to enforce its covered laws in any secondary state. The Government Accountability Office must study the effect of this bill on specified health insurance issues.

US HB100

Protect the Gig Economy Act of 2025This bill expands the list of preliminary requirements that must be satisfied before a class action lawsuit may be brought in federal court.Specifically, before a party may bring a class action lawsuit in federal court, the court must first determine that a new, fifth requirement has been met: that the claim does not allege misclassification of employees as independent contractors.

US HB403

No Mandates Act This bill prohibits federal agencies and certain entities that receive federal funding from requiring COVID-19 vaccinations. Specifically, federal agencies may not issue rules, regulations, or guidance that require an individual to receive a COVID-19 vaccination. The bill also prohibits requiring a COVID-19 vaccination to access federal property and services or congressional grounds and services. Additionally, an entity that received federal COVID-19 relief funds or receives other federal funds after this bill's enactment may not require a COVID-19 vaccination as a condition of providing any service to an individual.

US HB297

This bill requires the military departments to reinstate individuals (upon their request) who were involuntarily separated from the Armed Forces solely based on their refusal to receive a COVID-19 vaccination. Such individuals must be reinstated in the grade they held prior to the separation.

US HB434

Service Restoration Act This bill prohibits the use of federal funds to require a member of the Armed Forces, or a cadet or midshipman at a military service academy, to receive a COVID-19 vaccination. Additionally, no such individuals may be subject to adverse action solely on the basis of a refusal to receive a COVID-19 vaccination. At the request of an individual who was involuntarily separated from an Armed Force solely because of a refusal to receive a COVID-19 vaccination, the military department concerned must reinstate the individual as a member of the Armed Force in the same rank and grade the individual held at the time of separation, expunge from the individual's military service record any reference to adverse action related to the refusal to receive a COVID-19 vaccination, and include the period between the involuntary separation and reinstatement in the computation of retired or retainer pay of the individual. The bill requires that the discharge of members due to the failure to obey a lawful order to receive a COVID-19 vaccination must be categorized as an honorable discharge, including for individuals who were discharged prior to the enactment of this bill.

Similar Bills

No similar bills found.