Tavern’s Motion for Judgment on the Pleadings Denied in Pa. Federal COVID-19 Coverage Action

PHILADELPHIA — A Pennsylvania federal judge has dismissed a tavern’s motion for judgment on the pleadings in a COVID-19 business interruption coverage action, ruling that it implicates the rule against one-way intervention because the tavern’s motion for class certification has not yet been decided.

In an Oct. 30 order, Judge John R. Padova of the U.S. District Court for the Eastern District of Pennsylvania explained that ruling on the merits of the claims before the motion is decided would be unfair to the defendant because while the class members may not be able to opt out, the named plaintiff “can …