United States | Publication | May 2021
On May 20, 2021, the California Occupational Safety & Health Standards Board voted to table consideration of proposed revisions to the Cal/OSHA emergency temporary standard (ETS) for COVID-19 in response to the Division of Occupational Safety & Health’s written request for more time to consider the CDC’s May 13th guidance that allows fully vaccinated persons not to wear masks in some settings.
At the public hearing, it was clear from statements of the Division and Standards Board representatives that Governor Newsom’s goal of re-opening the State by June 15, 2021 also has influenced the timing and decision-making process for these state agencies. The Division wants a revised ETS to be enacted by June 15th.
To comply with legal notice requirements, the Division must submit a new proposal by May 28, 2021 and the Standards Board will then consider the new proposal at a hearing on June 3, 2021. The public will have a five-day window (including Memorial Day weekend) to comment on the proposal before the June 3rd vote.
We will report on the Division’s new proposal when it is issued.Publication
The Supreme Court, agreeing with the Trump and Biden administrations, held in Kennedy v. Braidwood Management, Inc. that the members of the USPSTF are inferior officers who may be appointed by the HHS.
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A recent ruling from the Third Division of the Texas Business Court recognizes that well pled allegations of alter ego, conspiracy or other forms of derivative liability premised on corporate formation may be sufficient to create jurisdiction in the Texas Business Court.
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As technology advances, the litigation landscape evolves with it. Several years ago, when this evolving technology converged with the Covid pandemic, remote depositions boomed and since have become commonplace.
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