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Recent Blog Posts

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 […]

U.S. District Court Enters Nationwide Halt of CMS Vaccine Mandate

On November 30, 2021, U.S. District Judge Terry Doughty of the U.S. District Court for the Western District of Louisiana granted a nationwide preliminary injunction enjoining the U.S. Department of Health and Human Services and the Center for Medicare and Medicaid Services (“CMS”) from implementing the vaccine mandate issued by CMS earlier this month. That […]

United State Supreme Court Refuses to Block Vaccine Mandate for Massachusetts Hospital Workers

On Monday afternoon, November 29, 2021, United States Supreme Court Justice Stephen Breyer refused to grant an emergency injunction to employees at a Boston-based Mass General Brigham Hospital who were challenging the Hospital’s COVID-19 vaccine mandate. Justice Breyer denied the request without providing any explanation for his ruling.  The Justice also acted without any written […]

OSHA Seeks Emergency Relief from Fifth Circuit’s Stay of Vaccine Mandate

On November 23, 2021, the Occupational Safety and Health Administration (OSHA) filed an emergency motion in the U.S. Court of Appeals for the Sixth Circuit, seeking to dissolve the Fifth Circuit’s stay of OSHA’s recently issued vaccine mandate. Earlier this month, the Fifth Circuit Court of Appeals put a legal “stay”—or hold—on the OSHA Emergency […]