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Appeals Vaccinations

Proskauer - California Employment Law

SAG-AFTRA Vaccine Mandate Lawsuit Rejected by Ninth Circuit

In an unpublished but nonetheless significant opinion, the Ninth Circuit recently affirmed the lower court’s dismissal of a consolidated lawsuit filed by SAG-AFTRA members against their union, finding the claims time-barred...more

Proskauer - Labor Relations Update

Ninth Circuit Rejects SAG-AFTRA Vaccine Mandate Lawsuit

In an unpublished but nonetheless significant opinion, the Ninth Circuit recently affirmed the lower court’s dismissal of a consolidated lawsuit filed by SAG-AFTRA members against their union, finding the claims time-barred...more

Carlton Fields

Seventh Circuit Affirms Order Compelling Arbitration, Holds Arbitration Agreement Applies to Title VII Claim

Carlton Fields on

In Retzios v. Epic Systems Corp., the Seventh Circuit Court of Appeals considered an appeal brought by the plaintiff, a former employee of Epic, who was fired after she refused to be vaccinated against COVID-19. The...more

Proskauer - California Employment Law

What Would John Wilkes Booth Do? Mandatory COVID Vaxes for Actors

Although the threat of COVID-19 (remember that?) seems to have diminished considerably over the past five years, once upon a time in Hollywood many production companies (along with other employers) required employees to be...more

Sheppard Mullin Richter & Hampton LLP

Vax On: Fourth Circuit Reinstates Plaintiff’s Religious Bias Suit in COVID Vaccine Mandate Case

On January 7, the United States Court of Appeals for the Fourth Circuit reversed and remanded a district court’s dismissal of a plaintiff’s Title VII religious bias suit—holding the case was sufficient to survive a motion to...more

Parker Poe Adams & Bernstein LLP

Second Circuit Rejects Religious Discrimination Claim Based on COVID-19 Vaccination Mandate

In last term’s decision in Groff v. DeJoy, the U.S. Supreme Court significantly increased employers’ obligation to consider religious exemption requests under Title VII. Rather than the previous de minimus burden standard,...more

ArentFox Schiff

California Court Affirms FEHA Does Not Bar Health Care Employer’s Termination for Failure to Comply with Mandatory Vaccine Policy

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California health care employers that apply mandatory vaccination policies objectively can take great comfort in a recent California Court of Appeal decision. In Hodges v. Cedars-Sinai Medical Center, the court found...more

Zuckerman Spaeder LLP

Whither Insurance Coverage for Preventive Health Services? District Court Decision Striking Down Affordable Care Act’s Preventive...

Zuckerman Spaeder LLP on

On May 15, 2023, the Fifth Circuit temporarily stayed a district-court ruling that struck down a key part of the Affordable Care Act (ACA). As a result of the stay, the ACA’s health insurance coverage requirements for...more

Bass, Berry & Sims PLC

Ninth Circuit Green Lights Contractor Vaccine Mandate

Bass, Berry & Sims PLC on

On April 19, the U.S. Court of Appeals for the Ninth Circuit reversed a permanent injunction that had enjoined President Biden’s “Contractor Vaccine Mandate,” taking an expansive view of presidential authority under the...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Backs Block on Contractor Vaccine Mandate

These days, efforts by the federal government to mandate COVID-19 vaccinations for various groups seem like ancient history. Nevertheless, federal courts continue hearing challenges to the mandates filed by state governments,...more

Snell & Wilmer

COVID-19 Lingering Effects on Government Contracting: New Guidance

Snell & Wilmer on

Although not receiving much media attention, in October 2022, the nationwide injunction on Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (the “EO”) was lifted. The injunction,...more

Jenner & Block

Government Signals Contractor Vaccine Mandate Updates Coming Soon

Jenner & Block on

On October 18, 2022, the Eleventh Circuit Court of Appeals entered as its judgment its August 26, 2022 opinion limiting the scope of a nationwide injunction of the Biden Administration’s COVID-19 vaccine mandate for federal...more

Sheppard Mullin Richter & Hampton LLP

EO 14042 Update 17.0 – Preview of Updated OMB Guidance

In an “update” that reads more like a teaser to a B Movie, the OMB on Friday advised that it will have more guidance on EO 14042 for us soon. What precipitated this official warning that more guidance would be forthcoming?...more

Rumberger | Kirk

Eleventh Circuit Court of Appeals Reverses District Court Decision on Florida’s Vaccine Passport Ban

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The decision is a win for the Florida governor who sought to protect Florida citizens who chose not to get vaccinated. In a 2-1 decision reversing United States District Judge Kathleen Williams’ 2021 Preliminary...more

Sheppard Mullin Richter & Hampton LLP

Just When You Thought It Was Safe To Go Back In The Water . . . The 11th Circuit Revives Executive Order 14042

With apologies to Jaws II, just when you thought it was safe, the U.S. Court of Appeals for the 11th Circuit has released a shark back into the EO 14042 waters. On Friday, August 26, the 11th Circuit published a 66-page...more

Dorsey & Whitney LLP

Federal Contractor Vaccine Mandate: Federal Appeals Court Says It's Unlawful But You Might Have to Comply Anyway

Dorsey & Whitney LLP on

​​​​​​​Lately, litigation news related to public and private workplace COVID-19 vaccine mandates has quieted. That changed last Friday, when the Eleventh Circuit Court of Appeals narrowed a nationwide injunction against the...more

Fox Rothschild LLP

COVID-19 Vaccine Parental Disputes – Is There Really A Difference Between Arguing Against The Initial Shot and The Booster

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If you follow the COVID-19 news cycle, you know that there is approval for the COVID-19 vaccine booster for children ages 5-11. What happens when a parent who was granted authority for the initial vaccine for a child in that...more

Schwabe, Williamson & Wyatt PC

Challenge to Executive Branch Vaccine Mandate Dismissed

On Thursday, April 7, 2022, in Feds for Medical Freedom v. Biden, No. 22-400-43, the Fifth Circuit Court of Appeals reversed a federal district court’s nationwide injunction barring implementation of Executive Order 14043,...more

Schwabe, Williamson & Wyatt PC

Oral Argument on Federal Contractor Vaccine Mandate and Potential Impact of Supreme Court ‎Decisions

Oral Argument Scheduled for April 8 on Federal Contractor Vaccine Mandate Injunction - Oral argument on the United States’ appeal of the nationwide injunction against President Biden’s federal contractor vaccine mandate is...more

Schwabe, Williamson & Wyatt PC

Oral Argument Set for April 8 on Appeal of Injunction against Federal Contractor Vaccine Mandate

Implementation of the federal contractor vaccine mandate remains subject to a nationwide injunction issued by the U.S. District Court for the Southern District of Georgia. The federal government has appealed this injunction...more

Parker Poe Adams & Bernstein LLP

Federal Judge Puts Vaccine Mandate for Federal Employees on Hold

A federal district court judge in Texas issued a nationwide injunction blocking implementation of the White House’s COVID-19 vaccination mandate for federal employees. The judge relied on the U.S. Supreme Court’s recent...more

Perkins Coie

Recent DOJ Settlements Show Step Up in Web Accessibility Enforcement by Biden Administration

Perkins Coie on

The U.S. Department of Justice (DOJ) recently entered into settlement agreements with Hy-Vee and Rite Aid in response to the DOJ’s concern that the companies’ vaccine registration websites were not accessible to individuals...more

Sheppard Mullin Richter & Hampton LLP

Federal Judge in Texas Blocks Enforcement of Vaccine Mandate for Federal Workers

On Friday, January 21, 2022, Judge Jeffrey V. Brown of the Southern District of Texas issued a nation-wide injunction, blocking enforcement of President Biden’s Executive Order 14043. Executive Order 14043 requires...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Refuses to Lift Stay on Federal Contractor Vaccination Mandate

Last week, the Sixth Circuit Court of Appeals denied the Biden administration’s motion to stay a lower court’s injunction against a COVID-19 vaccination mandate applicable to employees of federal contractors and...more

CDF Labor Law LLP

Supreme Court to Hear Consolidated Appeals on Vaccine Mandates on January 7, 2022

CDF Labor Law LLP on

While the Supreme Court declined to stay the implementation of the Occupational Safety and Health Agency’s vaccine mandate for employers with 100+ employees or to change the status of the rule issued by the Centers for...more

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