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Ruling that nursing home arbitration agreement was invalid reversed.

Day on Torts

When the brother was admitted, plaintiff filled out admission paperwork, including an arbitration agreement, as plaintiff had a durable power of attorney for healthcare executed by the brother and naming plaintiff as the attorney-in-fact. National Health Corp. , 3d 876 (Tenn. internal citation omitted). Code Ann. §

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Insufficient certificate of good faith leads to summary judgment for defendant.

Day on Torts

Bradley Healthcare and Rehabilitation Center , No. The Court noted that this interpretation “comports with the purpose of the certificate of good faith—weeding out frivolous lawsuits.”. Applying this reasoning to the case at hand, the Court ruled that Exhibit 7 did not satisfy the certificate of good faith requirements.

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Fractured court blocks vaccine-or-test requirement for large workplaces but green-lights vaccine mandate for health care workers

SCOTUSBlog

Share With COVID-19 cases and hospitalizations reaching a new record high as a result of the Omicron variant, the Supreme Court on Thursday put the Biden administration’s vaccine-or-test mandate for large employers on hold, while litigation over its legality continues in the lower courts.

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Trump’s steel tariffs, UNC affirmative action, and Maine’s COVID-19 vaccine mandate

SCOTUSBlog

In their petition, the challengers argue that the Federal Circuit’s decision contradicts a prior Supreme Court decision that held that Section 232 is not an unconstitutional delegation of legislative power to the executive branch because the statute establishes clear preconditions that the president must follow. Haystings v.

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Biden vaccine policies face Supreme Court test amid nationwide COVID-19 surge

SCOTUSBlog

A federal district court in Missouri put the rule on hold for 10 states, while a federal district court in Louisiana did the same for 14 other states. The states argue that the provision on which the government relies is a “housekeeping statute” that does not give HHS the broad power that the government claims.

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Restrictions on gender-affirming medical care – and assault weapons

SCOTUSBlog

Court of Appeals for the 6th Circuit to lift those orders while they appealed. The court of appeals refused, instead expediting argument. By a split vote, the 6th Circuit then reversed the lower courtsrulings , concluding that the states were likely to win their appeals. The court thus allowed the laws go into effect.

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