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DIANOIA'S EATERY, LLC v. MOTORISTS MUTUAL INS. CO.

No. 20-2954, No. 20-2958, No. 20-3122.

10 F.4th 192 (2021)

DIANOIA'S EATERY, LLC, doing business as DiAnoia's and Pizzeria Davide v. MOTORISTS MUTUAL INSURANCE COMPANY, Appellant. Umami Pittsburgh, LLC d/b/a Umami v. Motorists Commercial Mutual Insurance Company, Appellant. Mark Daniel Hospitality LLC, doing business as INC v. AmGUARD Insurance Company, Appellant.

United States Court of Appeals, Third Circuit.

Filed: August 18, 2021.

Attorney(s) appearing for the Case

Timothy A. Carroll , Clyde & Co US LLP, 2000 Campus Drive, Suite 300, Florham Park, NJ 07932, John R. Gerstein [ARGUED], Patrick F. Hofer , Clyde & Co US LLP, 1775 Pennsylvania Avenue NW, Suite 400, Washington, DC 20006, Robert E. Dapper, Jr. , Matthew A. Meyers , Taylor M. Davis , Burns White, 48 26th Street, Burns White Center, Pittsburgh, PA 15222, Counsel for Appellants Motorists Mutual Insurance Company, Motorists Commercial Mutual Insurance Company.

Daniel B. Feder [ARGUED], Bryce L. Friedman , Michael J. Garvey , Simpson Thacher & Bartlett LLP, 425 Lexington Avenue, New York, NY 10017, Susan M. Leming , Brown & Connery, LLP 360 Haddon Avenue, P.O. Box 539, Westmont, NJ 08108, Counsel for Appellant AmGUARD Insurance Company.

Scott B. Cooper , Schmidt Kramer, P.C., 209 State Street, Harrisburg, PA 17101, John P. Goodrich , Jack Goodrich & Associates, PC, 429 Fourth Avenue, Suite 900, Pittsburgh, PA 15219, James C. Haggerty , [ARGUED], Haggerty, Goldberg, Schleifer, & Kupersmith P.C., 1835 Market Street, Suite 2700, Philadelphia, PA 19103, Jonathan Shub , Shub Law Firm, LLC, 134 Kings Highway East, 2nd Floor, Haddonfield, NJ 08033, Counsel for Appellees DiAnoia's Eatery, LLC, Umami Pittsburgh, LLC.

Ralph P. Ferrara [ARGUED], Kevin J. Kotch , Ferrara Law Group, P.C., 1 Holtec Drive, Suite G102, Marlton, NJ 07728, Counsel for Appellee Mark Daniel Hospitality LLC.

Before: SMITH, Chief Judge, PHIPPS, and ROTH, Circuit Judges.

OPINION OF THE COURT

The COVID-19 pandemic has had a devastating impact on the restaurant industry. Since at least March 2020, the risk of virus transmission has discouraged a significant number of customers from patronizing restaurants. And in response to the pandemic, state and local government officials have issued...

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