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, recently-published cases in public health law and policy from the prior 3 months. Case abstracts are organized within 11 key topics (adapted from James G. Hodge, Jr., Public Health Law in a Nutshell, 4th ed. (2021)), including hyperlinks to the full decisions (where available). Contact the Network for more information, questions, or comments. State of Louisiana v. Biden (U.S. Court of Appeals, 5th Circuit, Mar. 16, 2022): The Fifth Circuit unanimously reinstated a Biden administration climate policy that had been blocked by a district court, holding that the ten southern states challenging the policy were unlikely to succeed against the government and that they lacked standing to challenge the policy because their claimed injury is only “hypothetical.” Read the abstract here.
Whole Woman’s Health v. Jackson (Supreme Court of Texas, Mar. 11, 2022): After the U.S. Supreme Court rejected most challenges to Texas’ novel and restrictive abortion law, SB8, Texas’s Supreme Court rejected remaining challenges against state licensing officials. Read the abstract here.
Pisano v. Mayo Clinic Florida (Florida Court of Appeals, First District, Jan. 27, 2022): A Florida court held that family members of a critically ill patient could not compel the Mayo Clinic to administer medical treatment contrary to the Clinic staff’s “medical judgment and perceived ethical obligations” and the Clinic's approved course of treatment for COVID-19 related illnesses. Read the abstract here. Paine v. Ride-Away, Inc. (Supreme Court of New Hampshire, Jan. 14, 2022): The New Hampshire Supreme Court held that an employee who was legally prescribed therapeutic cannabis for his post-traumatic stress disorder (PTSD) could have been exempted from his employer’s drug testing requirements as a reasonable accommodation for his disability. Read the abstract here. In re: National Prescription Opiate Litigation (U.S. District Court, Northern District of Ohio Eastern Division, Mar. 7, 2022): Pharmacy retailers CVS, Walgreens, and Walmart failed to convince a federal judge to override a jury verdict that found them liable for public nuisance for fueling the opioid crisis in two Ohio counties. Read the abstract here. McDonald v. Symphony Bronzeville Park, LLC (Supreme Court of Illinois, Feb. 3, 2022): The Supreme Court of Illinois unanimously held that exclusivity provisions of the state Workers’ Compensation Act did not prevent an employee from seeking recovery from her employer for violations of the Biometric Information Privacy Act (BIPA). 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 (4th 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. 11. COVID-19 Pandemic: Public Health Emergency Law & Policy Responses
JTPH is a collaboration of the Network’s Western and Eastern Region Offices led by Editor-in Chief, Jennifer Piatt, JD, Deputy Director, Western Region Office. Additional Western Region contributors include James G. Hodge, Jr., JD, LLM, Erica N. White, JD, Rebecca Freed, and Nora Wells. Eastern Region contributors include Kathi Hoke, JD, Morgan Jones, JD, and Brianne Schell, JD, MA.
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.
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