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More On Powers of Attorney, Arbitration Agreements, and Wrongful Death

Day on Torts

While the Agreement was ‘optional,’ it was bound up in the context of a healthcare decision[.] …The We conclude that…[the daughter’s] signing the Agreement on Decedent’s behalf was part and parcel of a healthcare decision. The POA did not provide or even contemplate healthcare decision-making power for [daughter]. …The

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Ruling that nursing home arbitration agreement was invalid reversed.

Day on Torts

When the brother was admitted, plaintiff filled out admission paperwork, including an arbitration agreement, as plaintiff had a durable power of attorney for healthcare executed by the brother and naming plaintiff as the attorney-in-fact. National Health Corp. , 3d 876 (Tenn. internal citation omitted). Code Ann. §

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Divided Court Stays OSHA Vaccine or Test Mandate While Allowing CMS Vaccination Rule to Proceed

Constitutional Law Reporter

Department of Labor, Occupational Safety and Health Administration , the Court held that the vaccine-or-testing rule established by the U.S. Missouri , the Court ruled that the Centers for Medicare & Medicaid Services (CMS) rule should be allowed to take effect nationwide as the lower courts consider legal challenges.

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Fractured court blocks vaccine-or-test requirement for large workplaces but green-lights vaccine mandate for health care workers

SCOTUSBlog

Share With COVID-19 cases and hospitalizations reaching a new record high as a result of the Omicron variant, the Supreme Court on Thursday put the Biden administration’s vaccine-or-test mandate for large employers on hold, while litigation over its legality continues in the lower courts.

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Biden vaccine policies face Supreme Court test amid nationwide COVID-19 surge

SCOTUSBlog

Therefore, she reasons, the mandate is necessary to protect those employees from the possibility of contracting COVID-19 while they are at work – saving over 6,500 lives and preventing over a quarter-million employees from being hospitalized over a six-month period.

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