The Network for Public Health Law monitors key court cases and relevant judicial trends in public health. The Network’s monthly reporter, Judicial Trends in Public Health (JTPH), highlights select published cases in public health law and policy from the prior three months. These cases are organized below by name, issuing court, date of issuance, along with a brief synopsis, and include link to the case abstract and hyperlink to the full decisions (when publicly available). For more information, including a topic digest of these and other cases, see below. Questions, comments, thoughts? Contact the Network for more information.
Tandon v. Newsom (Supreme Court of the United States, April 9, 2021): The Supreme Court overturned a 9th Circuit decision upholding California’s COVID-19 restriction barring the meeting of more than 3 families to worship in a private home as violating the First Amendment free exercise clause. Read the abstract here.
Skyworks, Ltd. et al. v. Centers for Disease Control and Prevention et al. (U.S. District Court, Northern District of Ohio, March 10, 2021): A federal district court found that the Centers for Disease Control and Prevention’s (CDC) eviction moratorium exceeded the agency’s statutory authority. Read the abstract here.
Next Level Arcade Tucson, LLC v. Pima County (Arizona Superior Court, Pima County, January 19, 2021): The Arizona Superior Court found that Pima County’s mandatory overnight curfew to curb the spread of COVID-19 was constitutional, but still preempted by the Governor’s executive orders. Read the abstract here.
In re: Da Graca et al. (U.S. Court of Appeals, 1st Circuit, March 17, 2021): The 1st Circuit reaffirmed the denial of a bail request submitted by immigrant detainees who feared COVID-19 exposure at their detention center. Read the abstract here.
LaBarbera v. NYU Winthrop Hospital (U.S. District Court, Eastern District of New York, March 16, 2021): The U.S. District Court for the Eastern District of New York found that a pregnant employee fired for non-compliance with her hospital’s employee flu vaccination requirement did not have a claim under the federal Pregnancy Discrimination Act (PDA) or the New York State Human Rights Law (NYSHRL). Read the abstract here.
O’Hanlon et al. v. Uber Technologies Inc. et al. (U.S. Court of Appeals, 3rd Circuit, March 17, 2021): The 3rd Circuit found that Uber could not compel arbitration of an Americans with Disabilities Act (ADA) claim brought against the company for failing to provide wheelchair access vehicles. Read the abstract here.
Perez v. People (Colorado Supreme Court, January 19, 2021): The Colorado Supreme Court ruled that a Miranda warning was unnecessary before asking gun-related questions under the “public safety” exception to the Miranda rule. Read the abstract here.
Maney v. Brown (U.S. District Court, District of Oregon, February 2, 2021): A federal district court in Oregon ruled that Oregon’s Adults in Custody (AIC) must be offered COVID-19 vaccines at the earliest date for eligibility in Phase 1A, Group 2 of Oregon’s Vaccination Plan. Read the abstract here.
Appeal of Panaggio (New Hampshire Supreme Court, March 2, 2021): The New Hampshire Supreme Court held that federal law did not preempt an order of the state’s compensation appeals board requiring reimbursement for medical cannabis. Read the abstract here.
Shepherd v. Costco Wholesale Corp. (Supreme Court of Arizona, March 8, 2021): The Supreme Court of Arizona held that a plaintiff alleging negligent disclosure of medical information does not have to allege bad faith or rebut the good faith presumption to withstand a motion to dismiss based on the “good faith” immunity provided in Arizona Revised Statute § 12-2296. Read the abstract here.
TOPICS: These and other cases are organized on the Network website under the topics below (adapted from chapter titles in Public Health Law in a Nutshell (3rd Edition) by James G. Hodge, Jr., Director, Network for Public Health Law—Western Region). Select a topic below to view all cases under that topic.
JTPH is a collaboration of the Network’s Western and Eastern Region Offices. Western Region contributors include: Jennifer Piatt, JD, James G. Hodge, Jr., JD, LLM, and Claudia Reeves. Eastern Region contributors include Kathi Hoke, JD, Kerri McGowan Lowrey, JD, MPH, Mathew R. Swinburne, JD, Brooke Torton, JD, and Megan Griest, MPP.
Legal information or guidance provided in this transmission or website does not constitute legal advice or representation. For legal advice, please consult specific legal counsel in your state.