Author Archives: Kopon Airdo
U.S. District Court Enters Nationwide Halt of CMS Vaccine Mandate
On November 30, 2021, U.S. District Judge Terry Doughty of the U.S. District Court for the Western District of Louisiana granted a nationwide preliminary injunction enjoining the U.S. Department of Health and Human Services and the Center for Medicare and Medicaid Services (“CMS”) from implementing the vaccine mandate issued by CMS earlier this month. That […]
United State Supreme Court Refuses to Block Vaccine Mandate for Massachusetts Hospital Workers
On Monday afternoon, November 29, 2021, United States Supreme Court Justice Stephen Breyer refused to grant an emergency injunction to employees at a Boston-based Mass General Brigham Hospital who were challenging the Hospital’s COVID-19 vaccine mandate. Justice Breyer denied the request without providing any explanation for his ruling. The Justice also acted without any written […]
OSHA Seeks Emergency Relief from Fifth Circuit’s Stay of Vaccine Mandate
On November 23, 2021, the Occupational Safety and Health Administration (OSHA) filed an emergency motion in the U.S. Court of Appeals for the Sixth Circuit, seeking to dissolve the Fifth Circuit’s stay of OSHA’s recently issued vaccine mandate. Earlier this month, the Fifth Circuit Court of Appeals put a legal “stay”—or hold—on the OSHA Emergency […]
Catalytic Converter Theft: A Legal Perspective on the Growing Risk
One of the top issues facing organizations that manage fleet vehicles, or provide employees with automobiles, is the significant rise in reported thefts of Catalytic Converters from individual vehicles. Across the country, insurance claims of catalytic converter (“CAT”) thefts have increased from 4,500 to 18,000 between July 1, 2020, and June 30, 2021 — an […]
Michael Airdo and Mollie Werwas Presented on New CMS Rule Mandating COVID-19 Vaccination for Health Care Workers
Michael Airdo and Mollie Werwas recently presented to a group of long-term care facility clients regarding the new CMS Rule that took effect on November 5, 2021. This Rule requires staff at all facilities participating in Medicare and Medicaid programs to be fully vaccinated against COVID-19 by January 4, 2022. The presentation addressed the requirements […]
Update On OSHA ETS Vaccination Mandate
November 17, 2021 The ever-evolving legal landscape of the OSHA Emergency Temporary Standard (“ETS”) mandating that employers with 100-plus employees require their employees be vaccinated against COVID-19 or undergo weekly testing changed again yesterday. On Tuesday, November 16th, the Judicial Panel on Multidistrict Litigation conducted a lottery and assigned the consolidated cases challenging the new OSHA mandate to […]
Fraudulent Concealment of Clergy Abuse Does Not Toll Statute of Limitations for Decades-Old Abuse Claim: Rice v. Diocese of Altoona-Johnstown
The Pennsylvania Supreme Court released a highly anticipated decision in the childhood sexual abuse case of Rice v. Diocese of Altoona-Johnstown[1] which added to the existing body of law in which courts have rejected allegations of fraudulent concealment and similar conspiratorial or “cover-up” arguments as a basis to avoid the statute of limitations in otherwise […]
Governor Pritzker Signs Amendment to the Illinois Health Care Right of Conscience Act
On November 8, 2021, Illinois Governor J.B. Pritzker signed Senate Bill 1169 into law. The Bill is an amendment to the Illinois Health Care Right of Conscience Act (“HCRCA”), 745 ILCS 70/1 et seq., a law which protects individuals and entities from discrimination or certain other adverse actions based on their refusal to act contrary […]
New Open Meetings Act Requirement to Take Effect Next Year
Effective January 1, 2022, Public Act 102-0653 amends the Open Meetings Act to require that public bodies meet to review their closed session meeting minutes every six months, or “as soon thereafter as is practicable, taking into account the nature and meeting schedule of the public body.” Public Act 102-0653 also clarifies the requirements for review of closed […]
Airdo Werwas Presents a Two-Part Workshop, “Nuts and Bolts of Township Government,” at Special Meetings of the Palatine Township Board
On October 18 and November 1, 2021, Michael A. Airdo and Mark J. Kimzey presented a two-part workshop entitled, “Nuts and Bolts of Township Government,” at Special Meetings of the Palatine Township Board. Michael and Mark provided an in-depth analysis of the powers and functions of townships and the roles of township officials under Illinois […]