TBA Law Blog


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Posted by: Stacey Shrader Joslin on Dec 10, 2021

U.S. District Judge Waverly D. Crenshaw issued a 54-page ruling today blocking the state from preventing schools from issuing mask mandates or stripping local health and school officials of their ability to set COVID-19 quarantine policies, the Tennessean reports. The ruling came in a case filed by the parents of students with disabilities. Crenshaw found that it was in the "public’s interest to slow the spread of COVID-19 in Tennessee’s schools” and that the "Defendants have proffered absolutely nothing to suggest that any harm would come from allowing individual school districts to determine what is best for their schools ...” The ruling on the merits of the case comes after Crenshaw temporarily blocked enforcement of the order in October.

Posted by: Stacey Shrader Joslin on Dec 8, 2021

Federal District Court Judge Stan Baker yesterday issued a nationwide stay on the president’s mandate for millions of federal contractors to get vaccinated against COVID-19, finding the order needs congressional approval to be valid, the Associated Press reports. The ruling comes in a suit brought by the states of Georgia, Alabama, Idaho, Kansas, South Carolina, Utah and West Virginia, the board of regents of the University System of Georgia, and the Associated Builders and Contractors. A similar decision was issued last week by a Kentucky judge affecting the states of Kentucky, Ohio and Tennessee. President Joe Biden’s two other vaccine mandates (one for health care workers and one for private businesses with more than 100 workers) also have been blocked by federal judges across the country.

Posted by: Stacey Shrader Joslin on Dec 6, 2021

A new study from the Pew Charitable Trusts found that the COVID-19 pandemic caused civil courts to adopt technology at an unprecedented pace and scale, which in turn improved participation in court proceedings and helped resolve disputes more efficiently. But, the changes disproportionately benefited people and businesses with legal representation, and in some cases made it more difficult for those trying to navigate the system on their own. Those without computers or high-speed internet faced new challenges and little was done to provide technology accommodations for those with disabilities or who were not English proficient. In a report accompanying the study, Pew recommends that courts do more, including simplifying forms and procedures and collecting and analyzing data to guide future decisions. Read more from Bob Ambrogi’s Law Sites Blog.

Posted by: Kate Prince on Dec 2, 2021

The Tennessee Comptroller’s Office yesterday announced it will no longer grant exemptions to a new state law that abolishes all vaccine mandates, the Tennessean reports. State legislators passed a law banning all vaccine mandates during the COVID special session in October, but entities at risk of losing federal funding for not complying with federal vaccine requirements were allowed to apply for exemptions from the Comptroller’s Office. In a statement, the Comptroller’s Office said it “can no longer find that compliance with Public Chapter 6 would result in a loss of federal funding” after two federal judges issued preliminary injunctions blocking the federal vaccine mandate. Sixty nine exemptions that were granted to entities like the University of Tennessee System and Blue Cross Blue Shield are now suspended, but the Comptroller’s Office notes they could be reinstated if the injunctions are lifted.

Posted by: Stacey Shrader Joslin on Dec 2, 2021

A federal judge in Kentucky this week blocked the Biden administration’s vaccine mandate for federal contractors in three states: Kentucky, Ohio and Tennessee, Action News 5 reports. The ruling comes in response to a suit filed by the attorneys general in each state. U.S. District Judge Gregory Van Tatenhove of the Eastern District of Kentucky said the mandate exceeded the president’s authority. Yesterday, the White House said the Justice Department "will vigorously defend" the government’s authority to promote its vaccine requirement in courts that have blocked its various mandates. But with a nod to the reality of the current situation, the White House told federal agencies they can delay punishing federal workers who failed to comply with a Nov. 22 vaccination deadline, Reuters reports. Also this week, a district court judge in Louisiana issued a nationwide injunction against the administration's vaccine mandate for health workers, the second judge to block that rule this week.

Posted by: Stacey Shrader Joslin on Dec 1, 2021

A state of emergency remains in effect for Tennessee even though Gov. Bill Lee recently declined to extend an executive order in response to the pandemic according to Tennessee Lookout. The state is currently at a level 3 designation under the Tennessee Emergency Management Plan, which is activated when a serious emergency or minor disaster has occurred or a situation is deteriorating rapidly and public warnings are being issued. Because of that designation, several government departments are still “engaged in COVID” response, a Tennessee Emergency Management Agency spokesperson tells the paper.

Posted by: Stacey Shrader Joslin on Nov 29, 2021

U.S. District Judge Matthew Schelp in the Eastern District of Missouri today blocked the Biden administration’s vaccine requirement for healthcare workers, finding the agency issuing the rule likely exceeded its authority. The ruling prevents the U.S. Centers for Medicare and Medicaid Services (CMS) from enforcing its vaccine mandate until the court can hear a legal challenge from 10 Republican state attorneys general. The group sued the administration in early November to block the CMS requirement, alleging it would worsen healthcare staffing shortages. Schelp’s ruling applies in Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota and New Hampshire. Yahoo.com has the story from Reuters.

Posted by: Stacey Shrader Joslin on Nov 24, 2021

Symptoms of depression and anxiety in Tennessee spiked following surges in COVID-19 hospitalizations, according to a new report from The Sycamore Institute. The report, which highlights the pandemic's widespread impact on mental health in Tennessee, found that the state saw overdose deaths increase by 44% in 2020. And though adults in the state fared better than the national average on many mental health factors, the state was higher than average when it came to deaths tied to mental health problems. The institute's policy director tells Axios that those contradictory findings might suggest a need to identify mental health issues before they become deadly.

Posted by: Stacey Shrader Joslin on Nov 23, 2021

The U.S. government today asked the 6th Circuit Court of Appeals to immediately lift a stay on its COVID-19 workplace vaccine rule, The Hill reports. The administration’s vaccine and testing mandate was put on hold earlier this month by the 5th Circuit Court of Appeals. Today's 55-page filing argues that delaying implementation of the rule will “endanger many thousands of people and would likely cost many lives per day.” The administration, through the Occupational Safety and Health Administration (OSHA), issued a six-month vaccinate-or-test requirement in early November, sparking legal challenges from states, employers and religious groups. All challenges have been consolidated with the 6th Circuit.

Posted by: Kate Prince on Nov 22, 2021

The Tennessee Court of Workers’ Compensation Claims has rescinded an order first issued by the chief judge of the court in 2020 and amended in May, regarding health and safety procedures for in-person hearings. The order was rescinded given the passage of Title 14, COVID-19, of the Tennessee Code. Read more from the court.  


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