George Morrison

OSHA ETS Heads to Sixth Circuit

On November 16, 2021, the U.S. Court of Appeals for the Sixth Circuit was selected during the Judicial Panel on Multidistrict Litigation’s lottery to hear the multiple consolidated challenges to the recent COVID-19 Emergency Temporary Standard (ETS) issued by the Occupational Safety and Health Administration (OSHA). OSHA is permitted to issue an ETS if the …

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Private Right of Action Confirmed Under Pennsylvania Medical Marijuana Act

This month, the Pennsylvania Superior Court held as a matter of first impression that medical marijuana users may maintain a private action under the Pennsylvania Medical Marijuana Act (MMA). The case is Scranton Quincy Clinic Company, LLC, et al. v. Pamela Palmiter, Case No. 498 MDA 2020 (Pa. Super. Ct. Aug. 5, 2021). Plaintiff Palmiter …

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Words Matter in Attendance Policies

The Third Circuit Court of Appeals recently identified the difference between merely “requesting” Family and Medical Leave Act (FMLA) leave and “requesting and reporting” FMLA leave. At issue in the case was the employer’s policy that required an employee to request and be approved for FMLA leave and, once approved, to report an FMLA absence …

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