SANTO'S ITALIAN CAFÉ LLC v. ACUITY INSURANCE CO.

No. 21-3068.

15 F.4th 398 (2021)

SANTO'S ITALIAN CAFE LLC, Plaintiff-Appellant, v. ACUITY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 22, 2021.


Attorney(s) appearing for the Case

ARGUED: Colin P. Sammon , SAMMON LAW, LLC, Medina, Ohio, for Appellant. John R. Chlysta , HANNA, CAMPBELL & POWELL, LLP, Akron, Ohio, for Appellee. John N. Ellison , REED SMITH LLP, New York, New York, Stephen E. Goldman , ROBINSON & COLE LLP, Hartford, Connecticut, for Amici Curiae. ON BRIEF: Colin P. Sammon , SAMMON LAW, LLC, Medina, Ohio, for Appellant. John R. Chlysta , Kenneth A. Calderone , HANNA, CAMPBELL & POWELL, LLP, Akron, Ohio, for Appellee. John N. Ellison , REED SMITH LLP, New York, New York, Christopher E. Kozak , PLEWS SHADLEY RACHER & BRAUN LLP, Indianapolis, Indiana, Wystan M. Ackerman , ROBINSON & COLE LLP, Hartford, Connecticut, Gabriel K. Gillett , JENNER & BLOCK, LLP, Chicago, Illinois, Timothy J. Fitzgerald , KOEHLER FITZGERALD LLC, Cleveland, Ohio, for Amici Curiae.

Before: SUTTON, Chief Judge; BATCHELDER and LARSEN, Circuit Judges.


OPINION

Santosuossos is an Italian restaurant in Medina, Ohio. The COVID-19 pandemic was not good for the restaurant's business or for that matter most hospitality services. First came an understandable reluctance by patrons to enter enclosed public spaces such as restaurants. Then came the State of Ohio's order to...

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