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In recent weeks, federal vaccine mandates have faced a number of lawsuits. What follows is a quick update on the status of legal challenges to the Occupational Safety and Health Administration (OSHA), Centers for Medicare and Medicaid Services (CMS), and federal contractor mandates. OSHA Mandate As discussed in this blog post ,  the Sixth Circuit has been selected to hear the petitions challenging the OSHA   emergency temporary standard   (ETS) for workplace vaccine or testing mandates issued on November 5, 2021. OSHA filed an   emergency motion   to dissolve the stay on November 23, 2021. The briefing schedule for the motion has been announced: other ...
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In March 2017, Washington, D.C., attorney Jack Metzler tweeted an idea that he thought would make legal writing easier to read. The tweet proposed that writers eliminate the multiple sets of quotation marks and other punctuation traditionally used when quoting a court decision that quotes something else, and instead use the parenthetical (cleaned up). As the (cleaned up) idea started to catch on, Metzler expanded on his proposal : The idea is simple. When you use a quote to draw on the authority of the court you’re quoting, the reader doesn’t need to know that the court was itself quoting an earlier authority because the words of the quotation ...
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The Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) for workplace vaccine or testing mandates on November 5, 2021. The next day, the U.S. Court of Appeals for the Fifth Circuit issued an   order   entering a stay of the mandate, citing concerns over “grave statutory and constitutional issues.” On November 12, the Fifth Circuit issued an opinion reaffirming its stay. The court held that the ETS was overinclusive in its application to employees in a wide range of industries despite the different risks involved in the various workplaces. The court also found that the mandate was underinclusive, as the 100-employee ...
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The Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS) for workplace vaccine or testing mandates on November 5, 2021. The next day, the U.S. Court of Appeals for the Fifth Circuit issued an   order   entering a stay of the mandate, citing concerns over “grave statutory and constitutional issues.” In their brief, the businesses and employees petitioning the court argued that the ETS exceeds OSHA’s statutory authority or, in the alternative, that the statute is unconstitutional. On November 12, the Fifth Circuit issued an opinion reaffirming its stay. The court held that the ETS was overinclusive in its application ...
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In November 1919, President Wilson proclaimed November 11 as the first commemoration of “ the eleventh hour of the eleventh day of the eleventh month ” that ended the “war to end all wars,” calling it Armistice Day. President Eisenhower changed the name to Veterans Day in 1954, and after celebrating the day on the fourth Monday in October (to give folks a three day weekend), Michigan's own President Ford returned Veterans Day to its original, historically significant date of November 11. Veterans Day includes an "s" at the end of "veterans" but has no apostrophe because it is not a day that "belongs" to veterans; it is a day for honoring all veterans of ...
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On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) requiring COVID-19 vaccinations or weekly testing for all workers at most companies with 100 or more employees. Scope and Application With limited exception for certain health care employers and government contractors, the ETS applies to employers under OSHA’s jurisdiction that have 100 or more employees. To determine whether they are covered, employers must count employees across all of their U.S. locations, regardless of employees’ vaccination status or where they perform their work. This includes employees who perform ...
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The Occupational Safety and Health Administration (OSHA) issued its emergency temporary standard (ETS) for workplace vaccine and testing mandates on November 5, 2021. The next day, the U.S. Court of Appeals for the Fifth Circuit issued an   order   entering a temporary stay of the mandate, citing concerns over “grave statutory and constitutional issues.” In their brief, the businesses and employees petitioning the court argued that the ETS exceeds OSHA’s statutory authority or, in the alternative, that the statute is unconstitutional. Solicitor of Labor Seema Nanda   said in a statement   that “[t]he Occupational Safety and Health Act explicitly gives ...
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This year, we started holding periodic informal Zoom discussions posted in the ICLE Community to give ICLE Partners a chance to meet up and discuss current practice issues. Most recently, we invited Tim Dinan , Jehan Crump-Gibson , and Fatima Bolyea to join us and share some of their best practice tips for new lawyers. The resulting discussion was an absolute treasure trove of advice. Here are some highlights for those who missed out: Courtroom Logistics . It can be challenging for new attorneys to figure out the basic logistics of appearing in court, especially because every court and courtroom is different. The best thing to do is observe, which ...
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The Small Business Administration (SBA) has issued a new final rule (Rule) addressing the procedures for borrowers of a Paycheck Protection Program (PPP) loan to appeal final SBA PPP loan review decisions to the Officer of Hearings and Appeals (OHA). According to the Rule, a borrower may appeal a “final SBA loan review decision,” which is described as an official written decision by the SBA finding that the borrower was ineligible for a PPP loan; was ineligible for the PPP loan amount received or used the PPP loan proceeds for unauthorized uses; is ineligible for PPP loan forgiveness in the amount determined by the lender in its full approval or partial ...
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On October 13, 2021, the Michigan Supreme Court adopted the Uniform Bar Examination (UBE). Pending the adoption of required legislation, the first test will be administered in July 2022. Michigan will join approximately 39 other jurisdictions that now administer the UBE. The UBE allows a candidate’s test score to transfer between states that have adopted the exam, eliminating the need to study for and pass state-specific tests. Each state has a minimum passing score , ranging from 260 up to 280 (out of 400 possible points). Michigan’s minimum passing score has not yet been determined. The candidate must still get the state’s character and fitness stamp of ...
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The Equal Employment Opportunity Commission (“EEOC”) recently filed suit in the U.S. District Court for the Northern District of Georgia alleging an employer denied accommodations for remote work violating the Americans with Disabilities Act (the “ADA”). The suit was filed on behalf of Ronisha Moncrief, an employee of ISS Facility Services, Inc., who suffers chronic obstructive lung disease and hypertension. ISS required all employees to work remotely four days a week from March 2020 to June 2020 due to the pandemic. When ISS required employees to return in person in June, Moncrief requested accommodations to work remotely twice a week and to take frequent ...
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The Secretary of State seems to say no:   “A Notary public may not be a signature witness and notarize the same document.” The Secretary of State relies on MCL 55.291, which sets forth prohibited conduct for notaries and includes “[n]otarize his or her own signature.” MCL 55.291(2)(b). The requirements for the execution of a durable power of attorney, under MCL 700.5501(2) , provide that the document must be one or both of the following:          (a) Signed in the presence of 2 witnesses, neither of whom is the attorney-in-fact, and both of whom also sign the durable power of attorney.          (b) Acknowledged by the principal before a notary public, ...
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In a speech on Thursday, September 9, 2021, President Biden announced a   six-part plan   aimed at combating the spread of the Delta variant of COVID-19, consisting of the following components: Vaccinating the Unvaccinated Further Protecting the Vaccinated Keeping Schools Safely Open Increasing Testing and Requiring Masking Protecting Our Economic Recovery Improving Care for Those with COVID-19 The Vaccinating the Unvaccinated component includes vaccine mandates for three categories of workers: Employers with 100+ employees:   The Department of Labor’s Occupational Safety and Health Administration (OSHA) will promulgate an “emergency ...
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Judge Linda Parker of the U.S. District Court for the Eastern District of Michigan issued a 110-page opinion and order on August 25, 2021, granting a motion for sanctions against the attorneys for plaintiffs in King v Whitmer , No 20-13134 (ED Mich Aug 25, 2021). King v Whitmer was a challenge to the November 2020 presidential election results in Michigan. In December 2020, Judge Parker denied plaintiffs’ request to decertify Michigan’s election results or to stay the delivery of the certified results to the Electoral College. In explaining her decision, Judge Parker wrote: The attorneys who filed the instant lawsuit abused the well-established rules ...
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On August 26, 2021, in a 6-3 per curiam   opinion ,   Alabama Ass’n of Realtors v Department of Health and Human Servs , No 21A23, ___ US ___ (Aug 26, 2021), the U.S. Supreme Court affirmed the U.S. District Court for the District of Columbia’s decision to lift the stay of its judgment holding that the temporary eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) was unlawful. That holding blocks the CDC’s ban on residential evictions, which had been entered on August 3, 2021, and banned residential evictions under certain circumstances through October 3, 2021. The court held that the statute the CDC had relied on in issuing ...
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I recently filmed a Trade Secrets Update on-demand seminar with ICLE contributors Paul Mersino and Bernie Fuhs (available soon in the ICLE Partnership), and one of the things we discussed was the recent wave of employee resignations spurred by COVID-19 . Paul and Bernie pointed out that some of the folks who hung onto their jobs through the first part of the pandemic are now craving change and balance after over a year of working remotely and spending more time with family. This desire for flexibility, combined with increased burnout and enhanced financial security, is emboldening many employees to look elsewhere. The seminar tackles the trade-secret ...
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On August 3, 2021, the Centers for Disease Control and Prevention (CDC) issued an   order   halting certain residential evictions through October 3, 2021. This new order halts evictions “in counties with heightened levels of community transmission in order to respond to recent, unexpected developments in the trajectory of the COVID-19 pandemic, including the rise of the Delta variant.” As with the previous CDC orders, this order cites   42 USC 264   and 42 CFR 70.2 as authority. The order’s stated objectives are as follows: mitigating the spread of COVID-19 within crowded, congregate, or shared living settings or through unsheltered homelessness mitigating ...
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Reform is at hand for juvenile delinquency law. I recently had the pleasure of recording an on-demand seminar with Dan Geherin on this topic. Dan, who has practiced juvenile law both as a prosecutor and a defense attorney, highlighted the major legislative changes, including: Raise the Age – Effective October 1, 2021, the age of criminality is raised to 18. See 2019 PAs 102 through 113. Criminal defense attorneys should be prepared for a subsequent rise in juvenile delinquency cases. Clean Slate for Kids – Starting July 3, 2021, 2020 PA 361 expands discretionary expungement availability for juveniles with automatic expungements to follow in 2023. ...
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On July 26, 2021, the Michigan Supreme Court issued   ADM File No 2020-08 , which amends several court rules to allow video hearings and electronic filing. These amendments retain several existing provisions of the administrative orders adopted by the court during the COVID-19 pandemic. The amendments are effective immediately, but comments on the rule changes may be sent to the supreme court clerk in writing or electronically by November 1, 2021. The amendments are summarized below: MCR 2.107 , Service and Filing of Pleadings and Other Documents:   All service of process, except case initiation, must be performed through electronic means to the greatest ...
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Michigan Supreme Court Orders The  Michigan Supreme Court  has issued 21 administrative orders in response to the COVID-19 pandemic, which are summarized below by topic. Only AO 2020-17 remains active. Effective July 26, 2021, the court rescinded AOs 2020-1, 2020-6, -9, -13, -14, -19, and -21 via  ADM File No 2020-08 . All other pandemic orders expired by their own terms. Many of the administrative orders listed here reference executive orders issued by Governor Whitmer. However, in  Midwest Inst of Health, PLLC v Governor of Michigan  (In re Certified Questions from the United States Dist Court) ,  506 Mich 332 , 958 NW2d 1 (2020), the court unanimously ...
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