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Yves here. So now it's clear: some companies and their law firm enablers see their right to profit, even in the face of the Covid-19 pandemic, as more important than human lives. This has been an underlying theme of investor-state dispute settlement suits (which we've written about extensively), but it's never been as crass as here. On top of everything else, these actions will deplete government coffers, adding to public distress. The only upside is this sort of thing should kill incorporating meaningful investor-state dispute settlement provisions into future trade deals.

In fact masks (and faceshields) supplemented with constraints of superspreader events can save us trillions of dollars in future lockdowns (and lawsuits) and be potentially sufficient (under adequate compliance) to stem the pandemic. Bureaucrats do not like simple solutions.

The problem for consumers up to now has been that the negotiated prices were unknown, or impractical to raise in court due to evidentiary rules. The general rule is that witnesses must testify to facts within their personal knowledge. Notably, if a consumer contests a medical debt collection lawsuit, someone from the hospital must testify that the price charged is reasonable and customary-an assertion that, with regard to chargemasters, involves shading the truth and is vulnerable to cross-examination.