Donors State Claims for Misuse of Their Funds, But Not as a Class Action -
In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more
3/31/2023
/ Abortion ,
Administrative Procedure Act ,
Affordable Care Act ,
Charitable Donations ,
Charitable Organizations ,
Churches ,
Concealed Carry Permit ,
Concealed Weapons ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Disparate Treatment ,
EB-4 ,
Establishment Clause ,
Firearms ,
First Amendment ,
Gay Conversion Therapy ,
Gender Identity ,
Healthcare Facilities ,
Ministerial Exception ,
Misuse or Misdirection of Funds ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Second Amendment ,
Sex Discrimination ,
Title IX ,
Title VII ,
USCIS ,
Visas
Morals Clause Ruled Not Within Title VII Religious Exemptions Title VII of the Civil Rights Act of 1964 makes it unlawful "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any...more
10/6/2021
/ Affordable Care Act ,
Attorney's Fees ,
Chevron Deference ,
Churches ,
Coronavirus/COVID-19 ,
Employment Contract ,
Employment Litigation ,
Equal Protection ,
Establishment Clause ,
Free Exercise Clause ,
Free Speech ,
Hostile Environment ,
Indemnification ,
Ministerial Exception ,
Morals Clauses ,
Public Accommodation ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retaliation ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Sovereign Immunity ,
State Constitutions ,
Subject Matter Jurisdiction ,
Title IX ,
Title VII ,
Tortious Interference ,
Transgender ,
Tuition ,
Visas
Key Cases -
School States Claim Against State Superintendent for Unconstitutional Discrimination
In Bethel Ministries, Inc. v. Salmon, No. SAG-19-01853, 2019 WL 6034988 (D. Md. Nov. 14, 2019), the court denied Maryland...more
12/16/2019
/ Administrative Procedure Act ,
Adoption ,
Affordable Care Act ,
American Civil Liberties Union (ACLU) ,
Breach of Contract ,
Catholic Church ,
Contraceptive Coverage Mandate ,
Dismissal With Prejudice ,
Dismissals ,
Due Process ,
Establishment Clause ,
Failure To State A Claim ,
Free Exercise Clause ,
Hostile Environment ,
Pregnancy Discrimination ,
Preliminary Injunctions ,
Private Schools ,
Religious Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retaliation ,
Same-Sex Marriage ,
Sex Discrimination ,
Title IX
In recent years, the healthcare industry has been turning greater attention to the need to engage or involve patients in developing new technologies and systems to improve healthcare delivery. These patient engagement...more
10/15/2019
/ Administrative Procedure Act ,
Affordable Care Act ,
Anti-Kickback Statute ,
Article III ,
Attorney-Client Privilege ,
Centers for Medicare & Medicaid Services (CMS) ,
Criminal Convictions ,
Dismissals ,
Disproportionate Share Adjustments ,
Draft Guidance ,
Enforcement Actions ,
European Medicines Agency (EMA) ,
False Advertising ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Lanham Act ,
Medical Devices ,
Medicare ,
Patient Engagement Advisory Committee (PEAC) ,
Patient Referrals ,
Physicians ,
Prescription Drugs ,
Standing ,
Stark Law
Enforcement -
OIG Issues Advisory Opinion on Provision of Samples by a Device Distributor -
On April 30, 2018, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a...more
5/30/2018
/ Adverse Action ,
Advisory Opinions ,
Affordable Care Act ,
Anti-Kickback Statute ,
Antitrust Litigation ,
Beneficiaries ,
Biosimilars ,
CMMI ,
Competition ,
Constructive Discharge ,
Department of Health and Human Services (HHS) ,
Distributors ,
Drug Pricing ,
Employer Liability Issues ,
Enforcement ,
Failure To State A Claim ,
False Claims Act (FCA) ,
FDCPA ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Healthcare Fraud ,
Hospitals ,
Kickbacks ,
Manufacturers ,
Medicaid ,
Medicare ,
Medicare Part B ,
Medicare Part D ,
OIG ,
Patients ,
Pharmaceutical Industry ,
Pharmacies ,
Request For Information ,
Section 340B ,
Sherman Act ,
Statute of Limitations
Timely Topics -
By Shannon B. Hartsfield -
The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described as...more
1/29/2018
/ Abortion ,
Affordable Care Act ,
Appeals ,
Assisted Suicide ,
BOLI ,
Breach of Contract ,
Catholic Church ,
Charter Schools ,
Church Plans ,
Churches ,
Contraceptive Coverage Mandate ,
Defamation ,
Department of Health and Human Services (HHS) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Establishment Clause ,
Executive Orders ,
Federal Funding ,
Federal Housing Administration (FHA) ,
Fees ,
First Amendment ,
Fourteenth Amendment ,
Freedom of Religion ,
Hospitals ,
Injunctive Relief ,
Interim Final Rules (IFR) ,
Internet ,
Medicaid ,
New Guidance ,
Nonprofits ,
OCR ,
Preliminary Injunctions ,
Priests ,
Proposed Rules ,
Public Accommodation ,
Public Health Service Act ,
Race Discrimination ,
Religious Discrimination ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retirement Plan ,
RLUIPA ,
Same-Sex Marriage ,
Sexual Conduct ,
Sexual Orientation Discrimination ,
Summary Judgment ,
Trump v Hawaii ,
USCIS ,
Vetting
Legalized Drug Use Impacts the Food and Beverage Industry -
In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more
3/15/2017
/ Affordable Care Act ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Ban the Box ,
Breach of Contract ,
City of Los Angeles ,
Colombia ,
Comment Period ,
Criminal Background Checks ,
Dunkin' Donuts ,
Employer Liability Issues ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Chance Initiative for Hiring Ordinance (FCIHO) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Form 1095 ,
Franchise Agreements ,
Hiring & Firing ,
Intellectual Property Protection ,
Interference Claims ,
IRS ,
Logos ,
Marijuana ,
Medical Marijuana ,
Misleading Statements ,
New Legislation ,
Reporting Requirements ,
Restaurant Industry ,
Summary Judgment ,
Trade Dress ,
Trademark Infringement ,
Unfair Competition
Timely Topics -
The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more
10/27/2016
/ ADEA ,
Affordable Care Act ,
Age Discrimination ,
Allocation of Funds ,
Article III ,
Burwell v Hobby Lobby ,
Civil Rights Act ,
Clergy Members ,
Contraceptive Coverage Mandate ,
Department of Health and Human Services (HHS) ,
Discrimination ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Free Exercise Clause ,
Gay Conversion Therapy ,
Gender Identity ,
Health Insurance ,
Healthcare ,
LGBTQ ,
Mental Health ,
National Origin Discrimination ,
Non-Discrimination Rules ,
Nonprofits ,
OCR ,
Pregnancy Discrimination ,
Religious Expression ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Retaliation ,
RLUIPA ,
Same-Sex Marriage ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Standing ,
Title VII ,
Transgender
Respondeat superior (literally, "let the master answer" in Latin) is a doctrine that applies when an employer or principal has the ability and authority to direct and control the pertinent acts of the employee. Put otherwise,...more
9/16/2015
/ Abortion ,
Affordable Care Act ,
Churches ,
Contraceptive Coverage Mandate ,
Establishment Clause ,
FBI ,
First Amendment ,
Free Exercise Clause ,
Free Speech ,
Freedom of Religion ,
Gross Misconduct ,
Health Insurance ,
Healthcare ,
Kim Davis ,
LGBTQ ,
Marriage Licenses ,
Obergefell v. Hodges ,
Public Accommodation ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Same-Sex Marriage ,
SCOTUS ,
Sexual Orientation Discrimination
The decision by the United States Supreme Court on same-sex marriage has been greeted with praise and disdain by different corners of the country. The faith-based community has been especially outspoken. This is not...more
8/7/2015
/ Abortion ,
Adoption ,
Affordable Care Act ,
Anti-Discrimination Policies ,
Clergy Members ,
Contraceptive Coverage Mandate ,
Contraceptives ,
DOMA ,
Domestic Partner Benefits ,
Domestic Partnership ,
Educational Institutions ,
Employee Retirement Income Security Act (ERISA) ,
Equal Protection ,
First Amendment ,
Food and Drug Administration (FDA) ,
Fourteenth Amendment ,
Marriage ,
Marriage Equality ,
Negligent Supervision ,
Obergefell v. Hodges ,
Pharmacies ,
Private Schools ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
Same-Sex Marriage ,
Scholarships ,
SCOTUS ,
Sexual Assault ,
Spouses ,
Tax Exemptions ,
U.S. Navy
Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more
6/18/2015
/ Abercrombie & Fitch ,
Affordable Care Act ,
Catholic Diocese ,
Contraceptive Coverage Mandate ,
Contraceptives ,
Disparate Impact ,
Disparate Treatment ,
EBSA ,
Educational Institutions ,
EEOC v Abercrombie ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
False Claims Act (FCA) ,
Grants ,
Healthcare ,
Hiring & Firing ,
Housing Discrimination ,
Medicaid ,
Medicare ,
Qui Tam ,
Reasonable Accommodation ,
Religion ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
SCOTUS ,
Sexual Abuse ,
Sexual Assault ,
Title VII
Religious institutions commonly keep ministry supporters and members abreast of developments through newsletters, correspondence and other communications. Sometimes, the developments reported are embarrassing to those...more
5/21/2015
/ Affordable Care Act ,
Appeals ,
CFOs ,
Contraceptive Coverage Mandate ,
Defamation ,
Establishment Clause ,
False Statements ,
First Amendment ,
Gender Discrimination ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Scholarships ,
Sex Discrimination ,
Sexual Harassment ,
Tax Credits ,
Title VII
The U.S. Supreme Court ruled in Burwell v. Hobby Lobby Stores, Inc. that an existing contraceptive coverage mandate violates the Religious Freedom Restoration Act statute that applies to for-profit closely held corporations...more
"Church plans" are pension plans (including defined benefit or defined contribution plans) exempt (without an irrevocable election) from many of the legal requirements of the Employee Retirement Income Security Act (ERISA)...more
6/3/2014
/ Affordable Care Act ,
Breach of Contract ,
Churches ,
Defined Benefit Plans ,
Defined Contribution Plans ,
Employee Retirement Income Security Act (ERISA) ,
Equal Protection ,
Exemptions ,
FICA Taxes ,
Form 5500 ,
IRS ,
Nonprofits ,
Pensions ,
Prayer ,
Public Meetings ,
Religious Institutions ,
RLUIPA ,
Title VII ,
Unemployment Benefits
Under state and federal law, "whistleblowers" are a protected class and a broader category of persons than intuitively you might guess. When we imagine the quintessential whistleblower, the individual is usually someone who...more
The legitimacy of political speech from the pulpit is much debated. Some contend that religious institutions should be silent, because of separation of church and state or the inaccessibility of divine inspiration to...more
10/3/2013
/ Affordable Care Act ,
Articles of Incorporation ,
Catholic Church ,
Contraceptive Coverage Mandate ,
Defamation ,
Healthcare ,
Jurisdiction ,
Political Expression ,
Property Tax ,
Religious Freedom Restoration Act (RFRA) ,
Religious Institutions ,
RLUIPA ,
Sexual Abuse
On August 2, 2013, the White House's Office of Management and Budget issued a memorandum instructing federal agencies to take steps to carry out President Obama's executive order (E.O. 13559 (Nov. 17, 2010)) adopting several...more
9/4/2013
/ Affordable Care Act ,
Contraceptive Coverage Mandate ,
Electioneering ,
Employer Mandates ,
Executive Orders ,
Federal Funding ,
Free Exercise Clause ,
Freedom of Religion ,
IRS ,
Non-Enforcement ,
Religious Discrimination ,
Religious Institutions ,
Retaliation
Do you know a "place of public accommodation" when you see it? Federal, state and sometimes local laws entitle persons to the full and equal employment of the goods, services, facilities, privileges, advantages and...more
6/6/2013
/ Affordable Care Act ,
Clergy Members ,
Contraceptive Coverage Mandate ,
Discrimination ,
Due Process ,
Establishment Clause ,
Public Accommodation ,
Public Schools ,
Religious Institutions ,
Religious Schools ,
RLUIPA ,
Settlement ,
Subject Matter Jurisdiction ,
Vaccinations
Implementation of the Patient Protection and Affordable Care Act (PPACA) is in full swing. The law requires non-exempt religious organizations with fewer than 50 full-time employees to determine whether they are a large...more
4/8/2013
/ Affordable Care Act ,
Closely Held Businesses ,
Collective Bargaining ,
Contraceptive Coverage Mandate ,
Establishment Clause ,
Free Exercise Clause ,
Full-Time Employees ,
Healthcare ,
Part-Time Employees ,
Religious Institutions ,
TRO
In this Issue:
- Key Cases
- Court Upholds Permitting, Licensing and Zoning Regulation of Spiritual Counselors
- Non-Liturgical Navy Chaplains Denied Injunctive Relief for Statistical Imbalance in...more
3/21/2013
/ Affordable Care Act ,
Catholic Church ,
Contraceptive Coverage Mandate ,
Establishment Clause ,
IRS ,
Licenses ,
Local Ordinance ,
Permits ,
Religious Institutions ,
Religious Schools ,
Tax Exemptions ,
Unjust Enrichment
On November 16, 2102, in Tyndale House Publishers, Inc. v. Sebelius, No. 12-1635 (D. D.C. Nov. 16, 2012), the U.S. District Court for the District of Columbia granted a preliminary injunction to a closely held, for-profit...more