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.
Health Freedom Defense Fund, Inc., et al. v. Biden, et al. (U.S. District Court, M.D. Fla., Apr. 18, 2022): A federal judge struck down the Centers for Disease Control and Prevention (CDC) mask mandate for public transportation as unlawful, concluding the CDC lacks authority to require face coverings on public transportation. Read the abstract here.
Bongo Productions, LLC, et al. v. Lawrence, et al. (U.S. District Court, M.D. Tenn., May 17, 2022): A federal judge struck, as unconstitutional compelled speech, a Tennessee law requiring businesses that allow transgender people to use the public restroom that matches their gender to post warning signs. Read the abstract here.
Together Employees, et al. v. Mass General Brigham, Inc. (U.S. Court of Appeals, 1st Cir., Apr. 27, 2022): The First Circuit allowed the defendant private hospital’s COVID-19 vaccination mandate for employees to remain in place pending trial because the employees failed to demonstrate irreparable harm. Read the abstract here.
Philip Morris USA, Inc. v. Cuddihee (Florida Court of Appeals, First District, May 4, 2022): A Florida appeals court upheld a $2.5 million verdict against Philip Morris for conspiring to conceal information about the risks and addictive nature of cigarette smoking. Read the abstract here.
The Gym 24/7 Fitness, LLC v. Michigan (Michigan Court of Appeals, Mar. 31, 2022): A gym owner unsuccessfully sued the State of Michigan, alleging an unconstitutional taking of its business property resulting from Governor Whitmer’s executive orders that closed businesses in response to COVID-19. Read the abstract here.
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 and Erica N. White, JD. Eastern Region contributors include Kathi Hoke, JD, Morgan Jones-Axtell, JD, and Brianne Schell, JD, MA.
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