Insights & Resources

February 7, 2023 | Publications

In the New York State Courts (New York State Bar Associations Health Law Journal)

In the New York State Courts (New York State Bar Associations Health Law Journal)

In this article published in the New York State Bar Associations Health Law Journal (2023 – Vol. 28 – No. 1), Dayna B. Tann and Marc A. Sittenreich provide summaries of the New York State Court’s decisions and are intended to give an overview of important judicial decisions in the areas of law which affect our clients. Please note that these are only summaries and not complete versions of the text of the court’s decision. For complete decisions, please consult the court of record.

Summarized court’s decision include:

  • Eastern District of New York Dismisses Constitutional and Title VII Challenge to the New York State COVID-19 Vaccine Mandate for Health Care Workers
  • Appellate Division Reinstates Attorney General’s Petition Against Wholesale Distributor for Price Gouging on the Sale of Lysol During the COVID-19 Pandemic
  • Appellate Division Rejects DOH Methodology for Review of Medical Marijuana License Application
  • UnitedHealth Defeats Class Action Alleging It Was Required to Pay Facility Fees for Medical Office-Based Surgeries
  • Whistleblower Claim Alleging that McKesson’s Free Business Management Tools Constituted Illegal Kickbacks to Oncology Practices Is Dismissed With Leave to Replead
  • Second Circuit Upholds FOIA Redactions to Documents Submitted in Connection with New Drug Application, Finding Sufficient Evidence of Foreseeable Harm to Submitter’s Commercial or Financial Interests
  • District Court Upholds New York City COVID-19 Vaccine Mandate for Department of Education Staff and City Employees Working in a School Setting
  • District Court Dismisses FMLA Claim by Employee Who Failed to Meet Hours Requirement as a Result of Wrongful Termination

Reprinted with permission from the New York State Bar Association © 2023.