US Supreme Court Allows State Law to Govern Willful Misconduct Cases Under the PREP Act

The US Supreme Court [SCOTUS] has declined to review whether the PREP Act [The Public Readiness and Emergency Preparedness (PREP) Act of 2005, 42 U.S.C. §§ 247d-6d, 247d-6e] pre-empts a claim for willful misconduct, GLENHAVEN HEALTHCARE LLC v. Saldana, Supreme Court 2022. On appeal,  Saldana v. Glenhaven Healthcare LLC, 27 F. 4th 679 - Court of Appeals, 9th Circuit 2022

US Supreme Court to Conference Medical Marijuana Preemption Case

The US Supreme Court (SCOTUS) is scheduled to conference the Minnesota Supreme Court’s decision prohibiting reimbursement of medical marijuana costs in a workers’ compensation claim. The Petitioner for a Writ of Certiorari conference is listed for Thursday, June 16, 2022.  Musta v. Mendota Heights Dental Center, et al., No. 21-998.

Justice Barrett denies an injunction against a vaccine mandate

Yesterday evening US Associate Justice Amy Coney Barrett denied a request for a writ of injunction against a vaccine mandate. Students at the University of Indiana [IU] a Fourteenth Amendment challenge to the school’s requirement that all students receive a COVID vaccine.

SCOTUS Upholds California Supreme Court: Lead Paint Manufacturers Liable for Over $400 Million

The US Supreme Court declined to review a California Supreme Court decision holding multiple lead paint manufacturers responsible for cleanup costs amounting to over $400 million. The longstanding litigation was brought under the theory that lead paint contamination was a public nuisance. Lead paint has been known for decades as toxic.