Assume that there is a Maryland state law prohibiting indoor…
Assume that there is a Maryland state law prohibiting indoor social gatherings in excess of ten people in response to the COVID-19 pandemic. Erin and Brooks, residents of a small town in Maryland, throw a party inside their home with 65 guests. They specifically tell their guests not to wear masks and only welcome into their home those who have not been vaccinated. A few days later, there is a COVID-19 surge in the town. Enough of the town’s children contract the virus that the local public elementary school is forced to discontinue in-person learning, moving instead to distance learning. James, a Virginia resident and one of the school’s bus drivers, is laid off as a result of the fact that he is no longer needed to drive the school bus. He sues Erin and Brooks in Maryland federal court for $150,000 alleging negligence per se and intentional interference with contractual relations. Which of the following, if true, would constitute the best defense(s) for Erin and Brooks?
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