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Recent Blog Posts

U.S. Supreme Court Reverses Halt of CMS Vaccine Mandate

On January 13, 2022, the U.S. Supreme Court issued a Per Curiam decision reversing the stays of CMS’s vaccine mandate for healthcare workers that were previously ordered by the U.S. District Courts for the Western District of Louisiana and the Eastern District of Missouri, and allowing CMS to enforce its mandate nationwide. Those lower courts’ […]

U.S. Supreme Court Temporarily Halts OSHA ETS Vaccination Mandate

Update on the U.S. Supreme Court’s Ruling Yesterday, January 13, 2022, the U.S. Supreme Court issued a nationwide stay of Occupational Safety and Health Administration’s (OSHA’s) COVID-19 Emergency Temporary Standard (“ETS”) which would have required a COVID-19 shot-or-test rule for private employers with 100 or more employees. It is important to note that the Court’s […]

Supreme Court Halts OSHA Vaccine Mandate, But Lifts Say on the Mandate for Healthcare Workers Nationwide

Today, the United States Supreme Court issued its opinion stopping the Biden administration from enforcing the OSHA Emergency Temporary Standard (“ETS”) requirement that businesses with one hundred or more employees be vaccinated against COVID-19 or undergo weekly testing and wear a mask on the job. The OSHA stay by the Supreme Court may be found […]

Illinois Adopts OSHA’s Employer Vaccine Mandate

On January 7, 2022, the Illinois Department of Labor filed new rules that adopt OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”).  The rules, which apply to companies with over 100 employees, are effective immediately and “are not open to appeal or challenge,” according to the IDOL website.  Employers under the jurisdiction of Illinois […]

CMS Issues Updated Guidance for Vaccine Mandate

On December 28, 2021, the Centers for Medicare & Medicaid Services (“CMS”) issued updated guidance and survey procedures to State Survey Agency Directors in 26 states where implementation and enforcement of CMS’s vaccine mandate has not been enjoined by the courts. As previously reported, on December 15, 2021, the U.S. Court of Appeals for the […]

Supreme Court to Hear Challenges to OSHA & CMS Vaccine Mandates

In a pair of orders issued this evening [December 22, 2021], the United States Supreme Court announced it will hear the ongoing legal challenges to the so-called employer “vaccine mandates” issued last month by the Occupational Safety and Health Administration (OSHA) and the Centers for Medicare & Medicaid Services (CMS). The Court was not scheduled […]

Sixth Circuit Reinstates OSHA’s Vaccine Mandate (For Now)

On Friday evening, a divided three-judge panel of the United States Court of Appeals for the Sixth Circuit issued a decision that—for now, at least—will allow the Occupational Safety and Health Administration (OSHA) to move forward with implementing its Emergency Temporary Standard on COVID-19 Vaccination and Testing (“ETS”). The ETS mandates that employers with 100 […]

U.S. Appeals Court Limits Scope of Halt of CMS Vaccine Mandate

The U.S. Court of Appels has limited the scope of a prior injunction that halted CMS’s Vaccine Mandate nationwide and, instead, restricted the injunction only to those states that are party to the case.  Consequently, CMS may proceed in enforcing its mandate in 26 states that are not party to either lawsuit on this issue.  […]

Missouri Supreme Court Permits Speculative Expert Testimony on “True” Meaning of Letters in Priest’s Personnel File

In a decision earlier this year, the Missouri Supreme Court issued an opinion reversing a grant of summary judgment in favor of the defendants in the case of John Doe 122 v. Marianist Province of the United States.[1] While the case involves allegations of childhood sexual abuse, the Court’s ruling has the potential to expand […]

Marcia Przeslawski Coaches Law Student Team For National ABA Arbitration Competition

Marcia Przeslawski recently coached a student team to compete in the 2021-2022 ABA Law Student Division’s regional Arbitration Competition held over the weekend of November 19  and 20, 2021. Marcia has been a volunteer coach for University of Illinois Chicago School of Law’s Trial Advocacy and Dispute Resolution since 2017. She coaches student arbitration teams […]