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U.S. Eleventh Circuit Court of Appeals - Smith v. Odom - False Claims Act, standard, public disclosure - Fla Ag Comm’r v. US Att’y Gen - Second Amendment, firearms, medical marijuana - ...more
A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more
On April 11, 2025, a federal judge for the U.S. Western District of Pennsylvania reversed his recent decision to dismiss a disability discrimination claim from a job applicant with a medical marijuana card who alleged he had...more
A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...more
The use of cannabis for medical purposes is legal in 39 states, four out of five permanently inhabited U.S. territories, and the District of Columbia. Some studies suggest that medical cannabis may help treat various...more
The Supreme Court of the United States issued two decisions today: FDA v. Wages and White Lion Investments, L.L.C., No. 23-1038: This case concerns the validity of the FDA’s denial of electronic cigarette manufacturers’...more
A Florida state court recently held that an employer violated the Florida Civil Rights Act by failing to accommodate an employee’s off-duty, off-site medical marijuana use to treat his disabilities....more
In a case successfully defended on behalf of a Maryland employer by Whiteford attorneys before the U.S. District Court for Maryland, an employee challenged a Maryland employer’s right to terminate employment due to the use of...more
First, a recent circuit court decision (which is now on appeal) held that the Florida Civil Rights Act (FCRA) requires employers to consider reasonable accommodations for off-duty medical marijuana use. In Giambrone v....more
While not enough blogs these days quote Toad the Wet Sprocket lyrics, a recent decision from a federal appellate court holding that a would-be employee can suffer negative employment consequences for cannabis use even when...more
On March 19, 2024, the Connecticut Appellate Court upheld an employer’s right to discharge an employee for being impaired on the job from medical marijuana under a state law that provides employment protections for qualified...more
In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual...more
A federal judge in Vermont last month ruled a plaintiff’s medical marijuana use was not protected by the Americans with Disabilities Act. In Skoric v. Marble Valley Regional Transit District et al., the plaintiff was fired by...more
On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more
While many individuals are excited about the proliferation of state laws providing for medical and recreational use of marijuana across the country, inconsistencies in these state laws have made it difficult for employers to...more
Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more
Ending years of discussion about the scope of state law employment protections for individuals who use marijuana recreationally, the Nevada Supreme Court has upheld a lower court’s decision to dismiss a complaint by an...more
The leaked opinion overturning Roe, combined with a largely unknown workers’ compensation case pending before the Supreme Court, reveal the Biden administration’s position on cannabis: The Biden administration doesn’t care...more
Given the explosive growth of cannabis products and the increasing number of states that have legalized marijuana for medicinal or adult use (nearly 40 at last count), employers across the country are asking whether they can...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
On February 15, 2022, the New Jersey Appellate Division upheld a trial court Order compelling arbitration of discrimination and wrongful termination claims brought by a former employee who was terminated for testing positive...more