The Middle District of Florida recently held that a defendant cannot invoke the “emergency purposes” exception to the TCPA if the defendant continues to send messages after the plaintiff has instructed the defendant to stop. ...more
On September 9, 2021, President Biden announced a sweeping six-pronged plan aimed at addressing the nation’s most recent surge of coronavirus cases fueled by the formidable delta variant. As part of that plan, Biden declared...more
On June 10, 2021, the Occupational Safety and Health Administration (“OSHA”) released the first nationwide workplace safety rule in response to the COVID-19 pandemic. OSHA’s guidance is only binding on healthcare employers....more
Last Thursday, the Texas Medical Board announced an emergency rule in response to Gov. Abbott’s recent Executive Order GA-19 related to hospital capacity. Like the governor’s order, the emergency rule went into effect on...more
Earlier this month, Maine Governor Janet Mills announced that she had taken the following initial steps to respond to the growing threat from COVID-19...more
On Nov. 16, 2018, the Florida Department of Revenue renewed Emergency Rule 12AER18-02, which implemented Section 56, Chapter 2018-118, Laws of Florida, providing for a sales tax exemption for equipment purchased to generate...more
After Hurricane Irma made landfall in Florida, a nursing home in South Florida lost power, and several residents of that nursing home died allegedly as the result of increased temperatures caused by the loss of air...more
Florida Argentum reports that the Florida’s First District Court of Appeal issued a response to its motion filed last week and determined that an “automatic stay” of the Division of Administrative Hearings’ Final Order...more
Florida’s First District Court of Appeal issued a response to Florida Argentum’s motion filed last week and determined that an “automatic stay” of the Division of Administrative Hearings’ Final Order invalidating Emergency...more
Notwithstanding what we consider a well-reasoned and proper ruling by an Administrative Law Judge against Governor Scott’s emergency rule on generators and fuel, cautious senior living facility owners may still want to submit...more
Last week, an Administrative Law Judge ruled against the governor and state agencies regulating senior housing communities, finding that the controversial emergency order did not address a true emergency and as written was...more
The recent tragedy in which 12 Florida nursing home residents died when the facility lost power during Hurricane Irma is causing government officials to rethink disaster planning....more