News & Analysis as of

Hospitals Employment Litigation

Marshall Dennehey

Appellate Division Affirms Dismissal of Wrongful Death Suit Against Hospital and Co-Employee in Fatal Parking Lot Accident

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Jameel, etc. v. Dember, et al., No. A-1225-23 (April 28, 2025) - A wrongful death and survivorship action arising from a fatal accident in a hospital employee parking lot was dismissed after the New Jersey Appellate Division...more

Nossaman LLP

When Governance and Peer Review Cross Paths: Lessons from Najibi

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A recent unpublished California Court of Appeal decision—Najibi v. Providence Valley Service Area Community Ministry Board—illustrates real-world tensions that arise when hospital boards and medical staffs approach the same...more

Robinson+Cole Data Privacy + Security Insider

Getting Too Personal? Illinois Court Says Family Medical History is Genetic Information

On May 15, 2025, a district court in Illinois denied a motion by defendant Hospital Sisters Health System and Saint Francis (HSHS) to dismiss a class action claim brought against the hospital system under the Illinois Genetic...more

Weber Gallagher Simpson Stapleton Fires &...

Employers’ Immunity From Suit and the Exclusivity of the Workers’ Compensation Statute Once Again Upheld by the Courts

In the Superior Court Decision of Faisal Jameel v. Dember HMS Hospitals and Bayshore Community Hospital (decided April 28, 2025), the Superior Court was faced with the issue of whether an employee who died as a result of...more

Clark Hill PLC

Colorado Court of Appeals rules that claims under the Health Care Worker Protection Act are subject to the Colorado Governmental...

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On May 8, the Colorado Court of Appeals concluded that any claim that might be asserted under the Health Care Worker Protection Act (“HCWPA”), C.R.S § 8-2-123, is subject to the notice requirement in the Colorado Governmental...more

Littler

ALJ Backs Hospital’s Right to Delay Returning Strikers to Work

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An NLRB administrative law judge recently confirmed that a California hospital system had the right to keep replacement workers on the job for the duration of its contractual commitment to a staffing agency even though...more

McDermott Will & Emery

HIPAA Compliance 101: Lessons from a Recent OCR Settlement

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The US Department of Health and Human Services Office for Civil Rights (OCR) recently announced a settlement with a community hospital resolving an investigation under the Health Insurance Portability and Accountability Act...more

Bass, Berry & Sims PLC

Trio of False Claims Act Retaliation Rulings from September

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The False Claims Act (FCA) prohibits employers from retaliating against whistleblowers who report FCA violations. 31 U.S.C. § 3730(h). To plead a claim under this anti-retaliation provision of the FCA, an employee must show...more

Bricker Graydon LLP

More federal courts dismiss legal challenges to hospital vaccine mandates

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In early September 2021, a group of current and former employees of St. Elizabeth Medical Center in Kentucky filed suit challenging St. Elizabeth’s vaccine mandate for its employees. In the case of Beckerich v. St. Elizabeth...more

Dorsey & Whitney LLP

Updates on Legal Challenges to Health Care Employers’ Voluntary COVID-19 Vaccine Mandates

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On May 28, 2021, a group of Houston Methodist Hospital employees filed a lawsuit challenging the hospital’s COVID-19 vaccine mandate for employees.  The lawsuit, filed by 117 employees, was the first to challenge a health...more

Fisher Phillips

Kentucky Hospital Employees Latest to File Suit Over Workplace Vaccine Mandate

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Coming on the heels of Kentucky’s record-high number of COVID-19 infections, dozens of employees of St. Elizabeth Healthcare just filed a lawsuit in the U.S. District Court in Covington against the hospital in response to its...more

Fisher Phillips

The Top 18 Workplace Law Stories from August 2021

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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

CDF Labor Law LLP

[Webinar] Employment Law Compliance Strategies for Healthcare Industry: COVID, Internal Investigations, Wage & Hour & More -...

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CDF Labor Law has designed a series of complimentary webinars on employment-related topics specifically designed for our friends and colleagues in the healthcare industry. CDF’s Healthcare Education Week will run October 4-8,...more

Miles & Stockbridge P.C.

Texas Court Upholds Mandatory Vaccination Policy

Since vaccines have become readily available, employers have been grappling with whether they should mandate vaccines for employees. Most companies have chosen to “strongly encourage” employees instead of mandating, and many...more

Parker Poe Adams & Bernstein LLP

Federal Court Rejects Lawsuit Challenging Texas Hospital's Mandatory Vaccination Policy

Last week, a federal district court judge in Texas dismissed a lawsuit filed by a group of Houston hospital workers who object to their employer’s requirement that all employees receive the COVID-19 vaccination. The...more

CDF Labor Law LLP

Mandatory Vaccination Policies Remain Hot Issue for Healthcare

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On June 12, 2021, a federal judge in the Southern District of Texas dismissed a case filed by 116 hospital employees who challenged Houston Methodist Hospital’s (the “Hospital”) mandatory COVID-19 vaccination policy. Jennifer...more

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

Mandatory Vaccination Policy Lawsuit Update: Nurses Take a Shot Against Hospital, But Judge Jabs Back

Many workplace leaders have been wondering, “Can we require employees to get the COVID-19 vaccine as a condition of employment?” According to a recent Ogletree Deakins benchmarking survey, most employers are not ready to...more

Fisher Phillips

What Employers Need To Know as Federal Judge Upholds Houston Hospital’s Workplace Vaccine Requirement

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Concluding that a highly publicized lawsuit challenging Houston Methodist Hospital’s mandatory vaccination policy failed to state viable legal claims and misrepresented certain facts, federal Judge Lynn Hughes dismissed the...more

Dorsey & Whitney LLP

Coronavirus Lawsuits Against Healthcare Providers are on the Rise

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Among its many impacts, the coronavirus pandemic has already spawned hundreds of employment and health-related lawsuits, with even more litigation likely as businesses continue to bring back workers and increase operations....more

Fisher Phillips

Independent Contractor vs. Employee: Federal Appeals Court Instructs How to Structure Physician Agreements To Avoid...

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While the use of independent contractors in the healthcare industry has been a longstanding practice, it is now front and center as the gig economy continues to expand across several industries and the preference for...more

Fisher Phillips

Reconsidering Religious Accommodations In Light Of The Pandemic

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With all of the uncertainty facing the healthcare community in light of the current pandemic, the ability of hospitals and other healthcare facilities to be flexible when managing employees is of the utmost importance. To...more

American Conference Institute (ACI)

[Webinar] Navigating New Risks and Litigation Challenges Facing Payors in the COVID-19 Context and Beyond - May 13th, 12:00 pm -...

What will the post-pandemic world look like? What risks and challenges will it raise and how to navigate the new litigation landscape? These are the most relevant questions amid the pandemic. To respond to them and provide...more

Carlton Fields

Third Circuit Affirms District Court Decision to Vacate Arbitration Award

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This case arises out of a dispute over a provision of a collective bargaining agreement entered into between Monongahela Valley Hospital Inc. and its employee, who was represented in the action by United Steel, Paper and...more

Polsinelli

Med-Staff Newsletter - September 2019 | VOL 3

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Dr. Kenneth Economy was employed by East Bay Anesthesiology Medical Group (“Anesthesia Group”), which held an exclusive contract to provide anesthesia services at The East Bay Hospital (“Hospital”). During asurprise...more

Fisher Phillips

Private Physician Plaintiff Not “Employee” Of Hospital For Title VII Purposes

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A federal appeals court recently rejected a physician’s employment discrimination lawsuit against a hospital that revoked her privileges because it found her not to be an “employee” eligible to bring such a claim. The lessons...more

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