New complaint narrows scope of COVID-19 mandate lawsuit

Category: COVID-19 Litigation

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A revised complaint in the wide-reaching federal lawsuit seeking to overturn executive and public health orders related to COVID-19 in Wyoming has narrowed the suit’s scope — and left off its most well-known plaintiff.

Thursday’s updated lawsuit comes after U.S. District Judge Nancy Freudenthal ruled that the initial 128-page complaint failed to state a succinct cause of action and did not follow federal filing rules.

As in the first complaint, the new version states that Wyoming has extended its state of emergency related to the COVID-19 pandemic longer than necessary as a way to procure federal funding.

The new complaint includes nine parents of Wyoming school children, but not Grace Smith, the Laramie High School student arrested for trespassing in October after returning to school while suspended for refusing to wear a mask. Smith’s father, Andy, is also not named in the second amended complaint.

It is not clear why the Smiths, who gained national attention after Grace’s arrest, are not included in this most recent filing, or whether they still plan on participating in the suit.

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TriMark Legal Funding has provided non-recourse lawsuit funding nationwide on hundreds of different types of lawsuits since 2003. COVID-related lawsuits are an emerging trend that TriMark is monitoring carefully for funding opportunities.

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