Publications by M. Brian Sabey

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Montana Supreme Court Affirms HCQIA Immunity for Hospital Peer Review

[03/03/25]

Federal District Court Issues Nationwide Injunction Preventing Implementation of Core Provisions of President Trump’s Anti-DEI Executive Orders, Including FCA Liability

[02/25/25]

Colorado Artificial Intelligence Act: What Employers Need to Know

[01/24/25]

Minnesota District Court Cites Excessive Fines Clause to Limit FCA Penalties

[10/22/24]

Fifth Circuit Abandons “Ultimate Employment Decisions” As Requirement for Title VII Claims, Holds That Any Discrimination in Terms and Conditions of Employment Is Potentially Actionable

[08/30/23]

The HHS Office for Civil Rights Releases Proposed Rule Regarding Rights of Conscience

[01/17/23]

Litigation and Its Discontents

[10/28/22]

Colorado Legislature Enacts Restrictive Amendments to Noncompete Statute

[05/23/22]

A Patchwork of Injunctions and Other Rulings on the CMS Vaccine Mandate: Where Do We Stand?

[12/16/21]

Seventh Circuit Clarifies the “Knowingly” Standard for False Claims Act Liability

[08/19/21]

Employee Fired for Lying About FMLA Leave Can Still Sue Employer

[08/06/21]

D.C. Circuit Court of Appeals Vacates FDA Ban on Particular Use for Approved Device

[07/12/21]

Tenth Circuit Decision Good News for Hospitals Not Willing to Allow Permanent Telecommuting in the Pandemic’s Wake

[04/30/21]

If You Don’t Ask the Court to Compel Arbitration or Stay the Case Pending Arbitration, You May Lose Any Right to an Interlocutory Appeal Under the FAA

[01/27/21]

“No Claims Means No False Claims”—and No FCA Whistleblower Protection

[01/26/21]

New Work from Home Norms Raise Questions about Remote Work as a Reasonable Accommodation under the ADA

[10/07/20]

Supreme Court Holds Discrimination Based on Sexual Orientation and Gender Identity Illegal Under Title VII

[06/16/20]

Early Lawsuit Based on Violations of the FFCRA Asserts Claims Against Employer, Human Resources Consultant and CEO Individually

[04/27/20]

Don’t Hesitate to Designate: DOJ Letters Claim Employers Must Designate Qualifying Leave as FMLA Leave

[09/30/19]

The Supreme Court Announces a Presumption Against Class Arbitration

[05/15/19]

Of Faux Pas, Fibs and Legal Fees: A Cautionary FMLA Tale

[11/14/18]

Colorado Amends Non-Competition Law to Carve Out Physicians Treating Rare Disorders

[07/09/18]

No Time Like the Present to (Re)Evaluate and Train on Your Sexual Harassment Policy

[11/30/17]

Medical Residency Programs Potentially Liable Under Title IX—For Resident AND Non-Resident Employees!

[08/22/17]

Third Circuit Rules that Medical Residents, as Both Employees and Students, May Bring Independent Claims Under Title IX Not Subject to Title VII’s Administrative Requirements

[03/20/17]

7th Circuit Affirms Summary Judgment in a [Mostly] Employer-Friendly ADA Case: Employee Was Terminated for Insubordination

[02/24/17]