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On December 23, 2024, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) granted the U.S. Government’s motion to stay the nationwide preliminary injunction issued by U.S. District Court for the Eastern District of Texas (“District Court”) on December 3, 2024, which temporarily halted...
This month’s Friday Five explores recent decisions including the impact of a COVID furlough on eligibility for LTD benefits, what constitutes a breach of an employer’s fiduciary duty, what defines total proof of disability or is viewed as a severe procedural violation, and the appropriate weight...
Change in Washington, D.C. looms in light of the results of the recent presidential election. Institutions of higher education are asking what they can expect in the short term from the exiting Biden administration, and how policy and regulatory changes brought in by the incoming Trump...
In October 2024, the New Jersey Department of Environmental Protection (NJDEP) published a proposed rule (the “Proposed Rule”) that would amend its site remediation rules to codify and implement provisions of the legislation known as SRRA 2.0, which became effective on August 23, 2019. Most notably...
The U.S. Supreme Court recently heard arguments in Wisconsin Bell, Inc. v. United States ex rel. Todd Heath , Docket No. 23-1127, a case in which the Court agreed to review whether reimbursement requests submitted to the Federal Communications Commission’s (FCC) “E-Rate Program” are considered...
On October 7, 2024, the New Jersey Board of Public Utilities (the “Board”) issued a Notice of Proposed Substantial Changes to its previously proposed Community Solar Energy Program regulations (the “Proposed Changes”). The notice addresses prior comments and issues changes to the Board’s September...
On November 1, 2024, the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced a $90,000 settlement with Bryan County Ambulance Authority (“BCAA”), a provider of emergency medical services in Oklahoma, concerning potential violations of the Health Insurance...
Minneapolis Litigation Partner and Appellate Group Co-Chair Katie Barrett Wiik served as a Co-Editor of the 2024 edition of the Eighth Circuit Practice Manual, published by Minnesota CLE. This publication is designed to be a primary resource for attorneys representing clients in its namesake...
On November 7, 2024, the United States Court of Appeals for the Eleventh Circuit found, in the case of Joseph v. Board of Regents of the University System of Georgia, that Title IX does not provide an implied right of action for sex discrimination in employment. In addition to the obvious...
On October 31, 2024, the U.S. Department of Health and Human Services (“HHS”), Office of Civil Rights (“OCR”) announced a $500,000 settlement with Plastic Surgery Associates of South Dakota (“PSA”) concerning potential violations of the Health Insurance Portability and Accountability Act of 1996 (...
This month’s Friday Five discusses cases involving ERISA preemption, the methodology for calculating qualified joint and survivor annuity benefits, a dispute over an attempt to supplement the record before the Court, a factual dispute precluding summary judgment on a bad faith claim, and the payroll...
Over the past decade, businesses and institutions with public-facing websites have increasingly turned to internet tracking technologies, such as cookies, pixels, and session replay tools, to optimize their websites and offer website visitors a more efficient and personalized experience, as well as...
On October 21, 2024, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a civil monetary penalty (“CMP”) of $70,000 against a solo dental practice that provides family dental care, Gums Dental Care, LLC (“GDC”), based on a complaint that GDC failed to...
In October 2024, the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced the imposition of a civil monetary payment against Providence Medical Institute (“PMI”), a large medical practice based in Southern California with 275 providers who work in 35...
With fall sports in full swing, it may be easy to miss the fact that the NCAA has also been busy competing in the courtroom. On the same day that a federal judge in California preliminarily approved a $2.78 billion settlement permitting college athletes to apply for payment for their on-field...
In late September 2024, the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced a settlement with Cascade Eye and Skin Centers, P.C., a health care provider in the state of Washington (“CESC”), concerning potential violations of the Health Insurance...