News & Analysis as of

First Amendment › Public Health

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Troutman Pepper

Industry Urges SCOTUS to Consider FDA Graphic Cigarette Warnings

Troutman Pepper on

In August, a group of tobacco companies filed a petition for certiorari at the U.S. Supreme Court, seeking review of a lower court’s holding that the First Amendment does not prohibit the U.S. Food and Drug Administration...more

Pullman & Comley - School Law

Court Upholds Law Ending the Religious Exemption to Immunizations for Students in Connecticut Schools

Pullman & Comley - School Law on

Connecticut law has required public and private schools to condition a student’s entry into school upon providing proof of immunizations against certain communicable diseases (including but not limited to diphtheria,...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Won't Delay New York Vaccine Mandate for Health Care Workers

Parker Poe Adams & Bernstein LLP on

The Second Circuit Court of Appeals rejected a motion last week for a preliminary injunction filed by health care workers who object to a New York state COVID-19 vaccination mandate. The New York mandate contains medical...more

Farella Braun + Martel LLP

Pandemic Restriction Challenges Face Uphill Battle in California

Farella Braun + Martel LLP on

On Dec.16, 2020, in Midway Venture LLC v. County of San Diego, the San Diego Superior Court preliminarily enjoined enforcement of two COVID-19-related California public health restrictions as applied to two adult...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Orders Preliminary Injunction in Roman Catholic Diocese of Brooklyn v. Cuomo

Faegre Drinker Biddle & Reath LLP on

On November 25, 2020, the U.S. Supreme Court ordered a preliminary injunction in Roman Catholic Diocese of Brooklyn v. Cuomo, No. 20A87, holding that New York may not enforce 10- or 25-person congregation-size limits on...more

Seyfarth Shaw LLP

Supreme Court Temporarily Halts Enforcement of New York’s COVID-related Occupancy Limits on Worship Services

Seyfarth Shaw LLP on

Seyfarth Synopsis: On the eve of Thanksgiving, the Supreme Court granted various religious groups’ request to temporarily block enforcement of an Executive Order issued by the Governor of New York that imposes occupancy...more

Fisher Phillips

Pennsylvania Federal Judge Rules Governor’s Shutdown Orders Unconstitutional

Fisher Phillips on

A federal court judge in Pennsylvania just ruled that the governor’s COVID-19 orders shutting down businesses and restricting gatherings are unconstitutional and therefore unenforceable. By striking them down, the judge set...more

Spilman Thomas & Battle, PLLC

Governor Wolf’s COVID-19 Orders Fall Under Constitutional Challenge

Spilman Thomas & Battle, PLLC on

Since March, Pennsylvania Governor Tom Wolf and his administration have responded to the COVID-19 pandemic by imposing some of the strictest limitations in the country on the Commonwealth’s residents and businesses. Now, a...more

Seyfarth Shaw LLP

Federal Judge Rules PA COVID Shutdown Orders Unconstitutional – Governor Plans to Appeal

Seyfarth Shaw LLP on

On Monday, September 14, 2020, a federal judge in the Western District of Pennsylvania held that significant portions of Governor Wolf’s COVID-19 related shutdown orders were unconstitutional.  Importantly, the Court’s ruling...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Agency for International Development, et al. v. Alliance for Open Society International, Inc., et a l.

Faegre Drinker Biddle & Reath LLP on

On June 29, 2020, the Supreme Court of the United States decided Agency for International Development, et al. v. Alliance for Open Society International, Inc., et al., No. 19-177, holding that Congress may lawfully condition...more

Faegre Drinker Biddle & Reath LLP

COVID-19, Executive Authority and Fundamental Rights: What Do the Courts Say?

Faegre Drinker Biddle & Reath LLP on

In 1905 the U.S. Supreme Court upheld a state’s exercise of general police powers to promote public safety during a public health crisis. In Jacobson v. Massachusetts (197 U.S. 11 (1905)), the Court considered the enforcement...more

Robinson+Cole RLUIPA Defense

Federal Court: “if beer is ‘essential,’ so is Easter.”

Robinson+Cole RLUIPA Defense on

Earlier this month, a federal court in Kentucky temporarily enjoined an order issued by the Mayor of Louisville on the grounds that the order likely violated First Amendment and Kentucky’s Religious Freedom Restoration Act. ...more

Seyfarth Shaw LLP

5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more

Perkins Coie

California Chamber of Commerce Challenges Proposition 65 Acrylamide Warning for Foods

Perkins Coie on

On October 7, 2019, the California Chamber of Commerce (“CalChamber”) filed a lawsuit against California Attorney General Xavier Becerra in the U.S. District Court for the Eastern District of California. The lawsuit seeks to...more

Mintz - Consumer Product Safety Viewpoints

Do You Want Fries With That?

Mintz - Consumer Product Safety Viewpoints on

The old joke of “what do Philosophy majors ask at their first job?” takes on a new meaning in the world of Prop 65. On October 7, 2019, the California Chamber of Commerce filed a lawsuit in Federal court for the Eastern...more

Hogan Lovells

California Chamber of Commerce Challenges the Proposition 65 Acrylamide Warning for Foods

Hogan Lovells on

A lawsuit filed yesterday by the California Chamber of Commerce challenges the legality of Proposition 65 warnings on foods that contain acrylamide. The Complaint, which named the Attorney General of the State of California...more

Seyfarth Shaw LLP

Ninth Circuit Reconsidering San Francisco Soda Health Warning

Seyfarth Shaw LLP on

One of the latest efforts by a municipality to address public health concerns by requiring warnings on certain products may be revived depending on the outcome of a recent rehearing before an 11-judge en banc panel of the...more

Sherman & Howard L.L.C.

News Now: Your One Minute Legal Insight (Embryos, Marijuana, TABOR, and More)

Sherman & Howard L.L.C. on

As always, there are a lot of topics to cover in this edition of News Now. Here are your highlights...more

Mintz - Health Care Viewpoints

The Past, Present, and Future of Government Regulation of Off-Label Communications – Part 3

Mintz - Health Care Viewpoints on

This is Part 3 in my series exploring the history of FDA’s regulation of off-label communications, which has become newly relevant in light of the recent events highlighted in Part 1. In this installment, I continue...more

Troutman Pepper

Beyond the Label: FDA Addresses Permissible Scope of Communications With Payors and Physicians

Troutman Pepper on

The draft guidances create a grey area between “on-label” and “off-label” communications that will require careful navigation as manufacturers develop HCEI analyses and promotional communications....more

Akin Gump Strauss Hauer & Feld LLP

FDA Offers Some Clarity (But Few Concessions) on Off-Label Communication of Medical Products

Akin Gump Strauss Hauer & Feld LLP on

Among the flurry of policies the Food and Drug Administration (FDA) released in the waning days of the Obama administration are several documents that seek to clarify the agency’s positions on communications about medical...more

Hogan Lovells

In The Midnight Hour: FDA Issues 2 Draft Guidances and a First Amendment Memorandum on the Cusp of a New Administration

Hogan Lovells on

Over the past few days, FDA issued three documents related to the scope of permissible communications by drug and device companies to various parties. We believe FDA aimed to accomplish two things through these documents....more

Akerman LLP - Health Law Rx

Requiring A Flu Shot Over Religious Objections: Risky Business

Akerman LLP - Health Law Rx on

It’s flu season and many employers, particularly those in healthcare, want to require employees to be vaccinated to minimize the spread of illness. But what happens when an employee refuses on religious grounds?...more

Manatt, Phelps & Phillips, LLP

Advertising Law - August 2015 #4

Manatt, Phelps & Phillips, LLP on

In Case You Missed It: Possible Jail Time for TCPA Violations, Microsoft Gets Slammed With Solicitation Scam Class Action, and 'Do Not Disturb' Technology Gets Pushed on FCC - The world of the Telephone Consumer...more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide