111 East Wacker Drive, Suite 500, Chicago, Illinois 60601

Category Archives: Blogs

Supreme Court Holds that Maine Violated the First Amendment by Prohibiting Tuition Assistance Funds from going to Religious Schools

On June 21, 2022, the United States Supreme Court issued a 6-3 opinion finding that Maine’s tuition assistance program, which helps offset costs to both public and “nonsectarian” private schools violated the Free Exercise Clause of the First Amendment. Chief Justice Roberts delivered the opinion of the Court. He was joined by Justices Alito, Barrett, […]

Illinois Pre-Judgment Interest Statute “Unconstitutional”

On May 27, 2022, Judge Marcia Maras of the Circuit Court of Cook County issued an order finding that Illinois’ pre-judgment interest statute was unconstitutional. The law, which became effective July 1, 2021, implemented a scheme of pre-judgment interest for all personal injury or wrongful death cases in the State. Under the law, pre-judgment interest […]

New York Passes Window Legislation for Adult Victims of Sexual Crimes

New York Governor Kathy Hochul signed a bill on May 24, 2022, allowing adult victims of sexual crimes in New York to file civil lawsuits against their attackers and against “institutions that harbored them,” regardless of when the offense took place. The law opens a one-year window and temporarily lifts the statute of limitations for […]

Forced Arbitration Clauses No Longer Enforceable in Some Employment Actions

The United States Congress recently amended the Federal Arbitration Act to make it easier for victims of sexual assault and/or harassment to bring suit in Federal Court and put an end to forced arbitration on those claims. H.R. 4445 was signed into law by President Biden on March 3, 2022, ending almost 5 years of […]

OSHA Abandons “Vaccinate-or-Test” Rule

Given the recent Supreme Court loss, the Biden Administration announced today that it will be withdrawing its COVID-19 “vaccinate-or-test” Emergency Temporary Standard (“ETS” or “Rule”) for private employers with 100 or more workers.  As such, the Administration will also be asking the Sixth Circuit Court of Appeals to dismiss the case. On November 5, 2021, the […]

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 […]