News & Analysis as of

Preliminary Injunctions Health Care Providers Healthcare Facilities

McDermott Will & Emery

PointClickCare Denied En Banc Hearing to Overturn PI

On April 23, 2025, the US Court of Appeals for the Fourth Circuit denied PointClickCare Technologies, Inc.’s petition for en banc review in Real Time Medical Systems, LLC v. PointClickCare. A Fourth Circuit panel previously...more

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

Federal Court Enjoins Enforcement of Montana Law That Conflicts With CMS Vaccine Rule

On March 18, 2022, the U.S. District Court for the District of Montana issued a preliminary injunction in Montana Medical Association v. Knudsen, enjoining enforcement of part of Montana’s vaccination law against “all Montana...more

Bradley Arant Boult Cummings LLP

Supreme Court Ruling Permits CMS Vaccine Mandate for Employees of Healthcare Facilities to Become Effective

On Thursday, January 13, 2022, the Supreme Court of the United States issued its opinions in each of the Centers for Medicare and Medicaid Services (CMS) and Occupational Safety and Health Administration (OSHA) vaccination...more

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

CMS Vaccine Mandate Update: Last, but Not Least, Texas Joins the Rest of the Country

On January 13, 2022, the Supreme Court of the United States issued an opinion staying preliminary injunctions issued in cases filed in Missouri and Louisiana challenging the Centers for Medicare and Medicaid Services’ (CMS)...more

Polsinelli

CMS Resumes Enforcement of Vaccine Requirement in Half of States

Polsinelli on

While the Centers for Medicare & Medicaid Services (“CMS”) Omnibus COVID-19 Health Care Staff Vaccination Rule (“CMS Vaccine Requirement”) heads to the Supreme Court, CMS will resume enforcement in the half of U.S. states not...more

Holland & Knight LLP

A Dizzying Map of Federal Vaccination Mandates, Injunctions and Stays

Holland & Knight LLP on

Keeping track of a dizzying number of injunctions and stays by multiple federal district courts and courts of appeal involving three separate federal COVID-19 vaccination mandates with a couple exceptions is no small task....more

Faegre Drinker Biddle & Reath LLP

Circuits Split on CMS Vaccine Mandate, Highlighting “Great Significance” of Issue as It Heads to Supreme Court

Three circuit court decisions issued in the past two weeks have considered the CMS vaccine mandate, bringing the issue – and similar vaccine mandate lawsuits – to the Supreme Court in the final weeks of the year. The CMS...more

Parker Poe Adams & Bernstein LLP

COVID-19 Vaccine Mandate for Health Care Industry Remains on Hold in South Carolina and Georgia But Not North Carolina

On December 15, the Fifth Circuit Court of Appeals partially lifted a nationwide stay issued by a Louisiana federal district court that preliminarily enjoined the Centers for Medicare & Medicaid Services from implementing its...more

Littler

CMS COVID-19 Vaccination Mandate Back in 25 States

Littler on

There have been significant developments in the legal challenges brought against the interim final rule of the Centers for Medicare and Medicaid Services (“CMS rule”), which requires vaccination of all healthcare workers at...more

FordHarrison

CMS Vaccine Mandate Continues Its Path to U.S. Supreme Court as Fifth Circuit Narrows Nationwide Injunction

FordHarrison on

The Fifth Circuit has found that the nationwide injunction of the CMS vaccine mandate issued by the Western District of Louisiana should be narrowed to apply only to the 14 states involved in the Louisiana lawsuit. This comes...more

Quarles & Brady LLP

CMS Vaccine Mandate – Ban Lifted In 26 States

Quarles & Brady LLP on

In the never-ending saga of the vaccine mandate imposed for health care workers by the Centers for Medicare and Medicaid Services (“CMS”), the government had a favorable result today. CMS suspended its vaccine mandate pending...more

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

Breaking News on the CMS Vaccination Rule: Less Than 24 Hours After Being Shelved in 10 States, the Rule Is Sidelined Nationwide

In a November 30, 2021, order, a federal judge sitting in Louisiana entered a nationwide preliminary injunction against the Biden administration’s Centers for Medicare and Medicaid Services’ (CMS) interim final rule entitled...more

Williams Mullen

UPDATE - Status of Implementation of the Federal COVID-19 Vaccine Workplace Rules

Williams Mullen on

Many employers are struggling with the seemingly ever-shifting rules and requirements relating to COVID-19 vaccines. Indeed, although the Biden Administration initiated three sweeping rules earlier this Fall - one applicable...more

Benesch

November Ends With Flurry of Litigation Regarding Various COVID Vaccine Mandates

Benesch on

As November came to an end, federal courts across the country continue to examine and issue preliminary rulings on challenges to various COVID vaccine mandates put in place by the Biden Administration. At the beginning of...more

Dorsey & Whitney LLP

Limited Preliminary Injunction Issued for CMS Vaccine Mandate

Dorsey & Whitney LLP on

On November 29, 2021, a federal court in Missouri enjoined the Centers for Medicare and Medicaid Services’ (CMS) vaccine mandate in the following states: Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire,...more

Jackson Walker

New Texas Rule Regarding the Disposal of Fetal Tissue Stayed

Jackson Walker on

The Texas Department of State Health Services recently issued a final rule implementing updated methods for the disposal of special waste from health care facilities, which includes fetal tissue. As such, the new rule would...more

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