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2024 ADventures in Law Webinar: Hot Issues in Promotions, Sweepstakes, Contests and Gamification

ADventures in Law

Oops, I Did It Again: Navigating Social Media Posts for Brands

Carl Hittinger Weighs in on Alaska Airlines/Hawaiian Airlines Merger in Law360 Article

Federal Court Rules False Claims Act’s Whistleblower Provisions Are Unconstitutional

The U.S. District Court for the Western District of Louisiana issued a sweeping nationwide temporary injunction on Nov. 30, 2021, staying the implementation of the mandate requiring vaccination of healthcare workers against COVID-19 that was promulgated by the Centers for Medicare & Medicaid Services (CMS). Unlike the temporary injunction issued by the U.S. District Court for the Eastern District of Missouri on Nov. 29, which was limited only to those 10 states that filed the lawsuit, Judge Terry Doughty took the position that “due to the nationwide scope of the CMS Mandate, a nationwide injunction is necessary due to the need for uniformity” and declined to limit the scope of the injunction to the 14 plaintiff states. The injunction does not apply to the 10 plaintiff states operating under the temporary injunction issued on Nov. 29.  The CMS rule enjoined by the two federal courts required that 21 types of Medicare- and Medicaid-certified healthcare providers mandate that all employees, medical staff, volunteers and contractors – regardless of patient contact – receive a first dose of a COVID-19 vaccine by Dec. 6 and be fully vaccinated by Jan. 4. For providers covered by the CMS Conditions of Participation, failure to comply could lead to denials of payment, civil money penalties or termination of their provider agreement with CMS.  The plaintiff states argued, in part, that the rule promulgated by CMS exceeded the agency’s regulatory authority. Both U.S. district courts agreed, holding that CMS in fact did not have the authority to implement the mandate. Judge Doughty acknowledged that the merits of the suit “will ultimately be decided by a higher court than this one.”  Both temporary injunctions will remain in effect pending the final resolution of the cases before the courts.

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Amy E. Fouts

Biden Vaccine Mandate for Healthcare Workers Blocked by Sweeping U.S. District Court Injunction

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