News & Analysis as of

Public Health Appellate Courts

Mitchell, Williams, Selig, Gates & Woodyard,...

GenX/Safe Drinking Water Act: Federal Appellate Court Addresses Reviewability of Health Advisory

The United States Court of Appeals, Third Circuit (“Court”) addressed in a July 23rd Opinion an issue arising out of publication of a health advisory by the United States Environmental Protection Agency (“EPA”). See Chemours...more

King & Spalding

Fifth Circuit Reverses District Court’s Nationwide Injunction on ACA’s Preventive Care Coverage Mandates

King & Spalding on

On June 21, 2024, a three-judge panel of the United States Court of Appeals for the Fifth Circuit issued an opinion in Braidwood Management Inc. et al. v. Xavier Becerra et al. reversing an injunction entered by the lower...more

Rivkin Radler LLP

Second Circuit Affirms Dismissal of Therapist’s Free Speech Claim

Rivkin Radler LLP on

In the case Brokamp v. James, the U.S. Court of Appeals for the Second Circuit on April 27 affirmed the dismissal of Elizabeth Brokamp’s suit against New York officials. The Virginia-licensed mental health counselor’s suit...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Appellate Court Stays Mask Mandate Injunction

On January 25, 2022, the New York Appellate Division, Second Department granted a stay of a Nassau County trial court’s injunction of the enforcement of the state’s mask mandate, which went into effect on December 13, 2021....more

Bricker Graydon LLP

OSHA stays implementation of vaccine mandate, pending Sixth Circuit review of the legal challenges

Bricker Graydon LLP on

As we have previously reported, the recently announced Occupational Safety and Health Administration (OSHA) vaccine mandate, issued as an Emergency Temporary Standard (ETS), has been challenged in multiple suits filed around...more

Obermayer Rebmann Maxwell & Hippel LLP

Luck Of The Draw: The Fate Of OSHA’s Vaccine Mandate Now Is In The Hands Of The Sixth Circuit

As HR Legalist reported, the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) regarding vaccination requirements is in purgatory. While the United States Court of Appeals for the Fifth...more

Miller Canfield

Appellate Court Halts OSHA’s Emergency Temporary Standard Requiring Mandatory COVID-19 Vaccination or Testing

Miller Canfield on

Immediately after OSHA published its Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing for private sector workers, various individuals, covered employers, states and other groups challenged its validity...more

Fox Rothschild LLP

AJEI Update, Plus a Helpful Tip For Everyone

Fox Rothschild LLP on

The Appellate Judges Education Institute Summit is scheduled for November 11-14, 2021 in Austin. In light of the ongoing worries about COVID, questions arise as to whether an in-person conference is still planned, what steps...more

Sherman & Howard L.L.C.

D.C. Refuses Workers’ Appeal For COVID-19 Emergency Safety Standard – And OSHA Agrees

On June 11, 2020, in the matter of In re: AFL-CIO, No. 19-1158 (D.C. Cir. June 11, 2020), the U.S. Court of Appeals for the D.C. Circuit upheld OSHA’s March 6, 2020 decision not to issue an emergency temporary standard...more

Carlton Fields

No Soup for You!

Carlton Fields on

An 11-year-old boy required to eat his homemade, gluten-free chicken sandwich outside a restaurant on a school field trip will get to take his case to trial. ...more

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