In response to the nation’s highest rate of new coronavirus infections and an alarming rise in new hospitalizations, Rhode Island Governor Daniel McKee has adopted aggressive new measures to “flatten the curve” and reduce the strain on a hospital system that he characterized as “at a breaking point” at his December 15 press conference announcing the rules. As of Monday, December 20, 2021, all Rhode Islanders are required to mask up before entering certain large businesses. Small businesses have the option of allowing people to enter mask-free if they produce proof that they are fully vaccinated for COVID-19.

New York Partner James T. Whalen, Jr. recently secured a defense verdict when a New York jury determined that a plaintiff who was struck by a bus and underwent three knee surgeries did not sustain a threshold injury under New York law.

In the early evening hours of December 17, 2021, a three-judge panel of the Sixth Circuit Court of Appeals lifted the stay of the Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). As a result, employers with more than 99 employees must have all employees vaccinated or masked and tested weekly.

As has been widely publicized, the Biden Administration has attempted to impose various forms of vaccine mandates under a variety laws and programs. At the same time, we have seen a flurry of opposition to these efforts ranging from new state laws to court challenges seeking to enjoin the effort. One of the federal mandates was issued by the Centers for Medicare & Medicaid Services (CMS) and is applicable to staff at Medicare- and Medicaid-certified healthcare providers.

All New York City employers should take heed regarding the City’s newly announced vaccine mandate applicable to all private sector employers in NYC. Although we expect legal challenges to be filed, employers should strongly consider becoming familiar with the requirements and developing an implementation plan (including employee communications) in the event that the mandate is not stayed by court order on a temporary basis.

Less than a month after we alerted you to the staggering nuclear verdict awarded in the Cruz matter out of Harris County, Texas (Houston), another Texas jury has returned an incredible nuclear verdict. The nine-figure verdict is yet another sobering reminder that now the entire state of Texas is a problematic venue for corporate transportation defendants that are inexperienced and ill-equipped to defend catastrophic personal injury and wrongful death claims under the Reptile Strategy.

The Infrastructure Investment and Jobs Act, signed into law on November 15, 2021, provides federal funding for improving basic infrastructure such as highways, roads, bridges, airports, and rail. The bill also includes considerable funding for upgrading electric and water delivery systems, expanding broadband and electric vehicle infrastructure, and addressing greenhouse gas emissions, climate resiliency, environmental justice, and workforce issues.

On November 23, 2021, the United States Environmental Protection Agency (EPA) announced it would extend through May 31, 2022, the agency’s reconsideration of a 2014 Proposed Determination to restrict mining associated with a specific mineral deposit within a vast area of Alaska.