Latest 2 Cases: National Mining Ass'n v. U.S. Department of Labor (Government & Administrative Law), Smith v. Crisp Regional Hospital, Inc. ...

Should the Law Prohibit Anti-Fat Discrimination?

SHERRY F. COLB

Cornell law professor Sherry F. Colb explores the problem of fat discrimination and considers what a law of anti-fat discrimination might look like, and why it could be important. Professor Colb explores the similarities and differences between legally protected characteristics and fatness and expresses optimism that a change in law could persuade some individuals to recognize fat people for the colleagues, students, friends, partners, and neighbors that they are.

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Members-Only Unionism is Lawful and Can Make Sense

SAMUEL ESTREICHER

NYU law professor Samuel Estreicher responds to an op-ed by Ron Holland criticizing the recent announcement of a members-only union of 300 Google workers. Professor Estreicher points out several errors and assumptions in Mr. Holland’s piece, and he argues that, in sum, there is no good public policy case for barring or restricting members-only unionism.

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National Mining Ass'n v. U.S. Department of Labor

Docket: 17-11207

Opinion Date: January 22, 2021

Judge: Anderson

Areas of Law: Government & Administrative Law

The Eleventh Circuit denied a petition for review of the MSHA's final rule entitled "Examinations of Working Places in Metal and Nonmetal Mines," which enhances mine operators' obligations with an aim toward augmenting miner safety. The court held that the Mine Act does not contain the "significant risk" threshold requirement that petitioners would import from the Occupational Safety and Health Act of 1970; the Final Rule satisfies the requirement that any rule "improve" upon the prior standard; the pre-shift examination requirement, the notification requirement, and the recording requirements in the Final Rule are not arbitrary and capricious; and MSHA sees the examination requirement, the notification requirement, and the recordkeeping requirement as operating collectively to spur more timely corrections of hazardous conditions. The court rejected petitioner's remaining contentions as lacking merit.

Smith v. Crisp Regional Hospital, Inc.

Docket: 19-12225

Opinion Date: January 22, 2021

Judge: Per Curiam

Areas of Law: Health Law, Personal Injury

The Eleventh Circuit affirmed the district court's dismissal of the complaint brought by plaintiff, alleging that the Hospital's delay in transferring his son constitutes a violation of the Emergency Medical Treatment and Active Labor Act. The court concluded that there is no provision of the Act suggesting that Congress intended to impose time restrictions with respect to a hospital’s decision to transfer a patient to another hospital. The court explained that the only time restriction in the statute relates not to the transfer decision, but rather to the screening and stabilization requirements. Therefore, plaintiff's claim that the Hospital unreasonably delayed the transfer of his son does not state a claim of violation of the Act. The court noted that plaintiff's claim is the kind of claim contemplated by state medical malpractice laws. Finally, the court rejected plaintiff's contention that the Hospital's delay in transferring the child violated the Act's requirement of an "appropriate transfer."