SCOTUS Halts Vax Or Test Rule For Large Private Employers But Lets Health Care Rule Take Effect
1/13/22
In two opinions issued today, the U.S. Supreme Court put a hold on a federal rule requiring large employers to adopt a vaccine or test policy but allowed the Biden administration to enforce a similar rule applicable only to healthcare facilities that accept Medicaid or Medicare funding. In a case brought by employers and 27…
No mask required: Fifth Circuit grants stay in E.T. v. Paxton
12/16/21
By: Tia J. Combs On July 29, 2021, Governor Greg Abbott of Texas issued Executive Order GA-38, which provided, among other things, that “[n]o governmental entity, including…a school district…and no governmental official may require any person to wear a face covering or to mandate that another person wear a face covering[.].” The provision superseded any requirement by a…
Philadelphia and Pennsylvania Announce New "Safer at Home" Restrictions
11/18/20
By: Justin Boron The City of Philadelphia and the Commonwealth of Pennsylvania announced new measures this week aimed at curbing the spike in COVID cases in the region, but neither appear to be ready to initiate a broad-based shutdown like the one that began in March earlier this year. Set to take effect Friday, the…
Georgia Enacts Immunity for COVID-19 Claims
8/17/20
By: Jake Daly As described in my previous post, the Georgia General Assembly passed a bill in the waning minutes of the 2020 session to provide immunity from civil damages for healthcare facilities and providers, other businesses, and individuals that are sued by employees, customers, visitors, and patients who are infected with COVID-19. The new law,…
Statute of Limitations Tolled in California Amid Pandemic
8/3/20
By: Matthew Jones In response to the COVID-19 pandemic, California’s Governor Gavin Newsom issued a “state of emergency” for the entire State. In response, the California Judicial Council adopted several Emergency Rules to implement during the pandemic. In particular, Rule 9 states that all statute of limitations for civil causes of action are tolled from April 6,…
COVID-19 in Jails: A Case Study
5/22/20
By: Wes Jackson By now we are all familiar with the CDC’s recommendations for limiting the spread of COVID-19: “social distancing,” maintaining a distance of six feet from others as much as possible, avoiding large gatherings, and self-isolation if you exhibit symptoms of the disease or test positive, among others. As challenging as these practices…
5/5/20
By: Wayne Melnick and Janeen Smith Georgia’s on-the-road driving test joins the ever-growing list of changes to life as we know it as a result of COVID-19. A new generation of drivers will be hitting the roads in Georgia soon, and they will not have taken any practical on-the-road test to get their licenses. On…
Requests for Compassionate Release in the Era of COVID-19
5/4/20
By: Curt Graham Correctional facilities across the country are facing unique challenges related to the COVID-19 pandemic. Some facilities have already reduced inmate populations in an effort to curb its effects. Additionally, courts are receiving an unprecedented number of requests for early release or modified sentences. A recent opinion from the United States District Court…
Stay at Home Orders Under Attack – What are the Limits and Rights of State Governments?
4/22/20
By: Marc Finkel Faced with the uncertainty of navigating through a global pandemic, governors throughout the United States have issued a series of executive orders aimed at slowing the spread of the novel coronavirus. Many of these executive orders have placed restrictions on our daily lives from the closure of schools to the closure of…
Federal Judge Refuses to Enjoin Kentucky Governor from Restricting Interstate Travel
4/6/20
By: Barry Miller A federal judge has refused to halt enforcement of an order that directed Kentuckians not to travel outside the state for two weeks because of COVID-19. Governor Andy Beshear issued the order on March 30. It makes exceptions for those traveling to meet work requirements, buy necessary supplies, seek health care, or…
COVID-19: Protecting Those Who Protect Us
4/2/20
By: Parisa Saleki The Volunteer Protection Act of 1997 (Public Law 105–19) came into effect over two decades ago with a simple goal: promote volunteerism by limiting, and sometimes eliminating, a volunteer’s risk of tort liability. The recently enacted Coronavirus Aid, Relief, and Economic Security Act (CARES Act) further builds on the goal of encouraging…
Nursing Homes at Highest Risk, States Respond
4/1/20
By: Shaun M. Daugherty States across the country are taking every measure possible to fight the spreading deadly COVID-19. One of the most at-risk groups are the elderly, especially those with lengthy lists of other health problems. In those instances where people reside in close quarters with attendants and staff constantly moving between rooms, it…