August 2022 brought the highest number of new complaints challenging employer COVID-19 vaccination requirements since the wave of vaccine mandate litigation began. A federal judge in Texas on Saturday dismissed a lawsuit by 117 staffers of a Houston hospital system who were suing over a COVID-19 vaccine requirement. She has represented You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. All rights reserved. The private employer mandate is one of four Covid-19 vaccine requirements the Biden administration had imposed to encourage vaccinations and curb transmission, along with a federal employee . "This is still a very, very big deal because it involves the sheer number of federal employees and also because this is an area where the Biden administration from the president on down has acted in a manner completely contrary to the law because they want a desired outcome," Hamilton said. The lawsuit, filed Sept. 23 in U.S. District Court in Washington, seeks an injunction that would halt vaccination requirements announced recently for millions of workers in federal executive . (The Center Square) - A lawsuit over the federal employee COVID-19 vaccine mandate is far from over, Liberty Counsel founder and chairman Mat Staver said after a Fifth Circuit Court of Appeals panel vacated a U.S. District judge's ruling in Texas. "The ends always justify the means for the Biden Administration even if that means acting with no lawful authority, or acting in a manner directly contrary to the law," America First Legal (AFL) Vice-President and General Counsel Gene Hamilton told Fox News in a statement. This page provides general information on COVID-19 vaccinations and federal discrimination law and is intended as a guide only. Arizona Attorney General Mark Brnovich is suing President Biden and other federal officials over their unconstitutional COVID-19 vaccine mandates. (Reuters) - The Biden administration on Tuesday urged a federal appeals court to allow its mandate requiring federal employees be vaccinated against COVID-19 to take effect. The scarcity of cases arising from health-based accommodation requests compared to the amount of litigation over religious objections reflects the way the law views each type of claim. Criminal Referrals and OSHA Violations, Part III: Industry Standards Oregon House Revenue Committee Set to Hear More About Pro-Taxpayer Buying or Selling a Small Business Government Contractor? Published March 1, 2023 5:23 a.m. PST. Joseph Jensen Sr., a Richland father and Hanford worker, is suing President Biden, WA Gov. A Nevada-based group called Feds for Medical Freedom filed the lawsuit . LAS CRUCES - A federal judge has denied a request for an immediate temporary restraining order at the outset of the country's first lawsuit over mandated COVID-19 vaccinations. It comes as federal . Specific to vaccines, an employee could claim a medical exemption if a doctor confirms the person would have an adverse reaction to a vaccine. A federal judge in Texas blocked the Biden administration's vaccine mandate for federal workers nationwide Friday, in a ruling that leans on a Supreme Court . Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. We'd love to hear eyewitness Payne "refuses" to get the vaccine. Brendan Pierson reports on product liability litigation and on all areas of health care law. United States . In February, the Virginia-based 4th Circuit ruled in a separate case that challenges to the vaccine mandate for federal employees must go through the administrative process before they reach court. Statement on the Status of theOSHA COVID-19 Vaccination and Testing ETS. Legislator Proposes To Expand CFL To Encompass "Commercial Brokers", Allen Matkins Leck Gamble Mallory & Natsis LLP. The federal government has said it will require employees in all federally regulated workplaces to be vaccinated against COVID-19, with regulations coming into force in early 2022. That process does not include filing suit in federal trial court. CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER. In one of those cases, a federal appeals court gave United Airlines Inc. workers a second chance to win an injunction. Insolvencies in Canada surged by a third in January compared with a year ago as consumers struggled with rising prices and higher interest rates, the Office of the Superintendent of Bankruptcy said Wednesday. Reprints. Only 33 mushers will participate in the ceremonial start of the Iditarod Trail Sled Dog Race on Saturday, the smallest field ever to take their dog teams. Florida sued on Thursday, bringing to 19 the number of states challenging the Biden administration mandate in four federal courts. posted on March 1, 2023, SHOW Up Acts Potential Implications on Extended Use of Telework for Federal Employees Red Bull driver Max Verstappen was so far ahead last season that catching the Formula One champion may feel like scaling a mountain. "I can tell you, that right around nearly 20 years of practising law, I have never seen the same issue come up so often and so extensively in such a short period of time," he said. And overcoming a companys cost-based defense against a religious accommodation requests can be difficult because of the U.S. Supreme Courts 1977 ruling in Trans World Airlines, Inc. v. Hardison, which said that anything more than a trivial expense poses an undue hardship for employers. Email tips toaudrey.conklin@fox.com or on Twitter at @audpants. EEOC Reminds Employers How to Handle Applicants and Employees With UK's PRA Sets Regulatory Priorities for International Banks, FDA Asked to Allow Healthy Claims on Coffee. "I think a lot of employers are implementing these mandates as kind of knee-jerk reactions without actually considering their liability and what they may owe these employees, and it's a problem. Will Changes to the Option To Tax Regime Impact UK Insolvency Sales? There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Mexico's president announced Tuesday that electric car company Tesla has committed to building a major plant in the industrial hub of Monterrey in northern Mexico. Were warnings issued? Cloudflare Ray ID: 7a140925dd448c7d But from an employment standpoint, Samfiru says if a person is at a higher risk of getting Omicron despite being fully vaccinated, it could call into question the justification for certain vaccine mandates. Walker repeatedly pressed Daniel Winik of the U.S. Department of Justice, who is defending the vaccine mandate, on whether federal workers have any ability to challenge policies that violate their rights before they take effect. A former 'Dances With Wolves' actor pleaded not guilty Wednesday to state charges that he sexually abused Indigenous women and girls for a decade in Nevada. (AP Photo/Julio Cortez, File). Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile. The other aspect to consider is what happens when an employee is put on indefinite unpaid leave. A U.S. appeals court panel seemed divided on Wednesday over whether a civilian Navy employee can challenge President Joe Biden's COVID-19 vaccine mandate for federal workers in court or must first . A healthcare worker administers a dose of the Covid-19 vaccine. Abusive Arbitrage Devices Its Time to Get Reacquainted (Episode 2 pdated guidance from the Centers for Disease Control and Prevention (CDC), Wilson Elser Moskowitz Edelman & Dicker LLP. The lawsuit, filed May 28, 2021, argued the mandate is illegal and forces workers to get an experimental vaccine to keep their jobs. . All federal workers face a Nov. 22 deadline to be fully vaccinated, which is considered complete two weeks after the second dose of the Pfizer-BioNTech or Moderna vaccines, or one dose of the Johnson & Johnson shot. The industry leader for online information for tax, accounting and finance professionals. and Yukon dealing with more wet snow. "The OHRC is not aware of any tribunal or court decision that found a singular belief against vaccinations or masks amounted to a creed within the meaning of the Code," the statement reads. A former KCCI advertising executive is bringing what might be the first lawsuit in Iowa under a 2021 law designed to limit employer mandates to receive the COVID-19 vaccine. By. that is degrading to another person. More than 50 federal employees from across the U.S. government have banded together to sue the Biden administration over coronavirus vaccine mandates, according to court documents. 22-40043. Share with Us. First, he agreed with the government that Brass had not faced any consequence so far while his exemption was pending. As of November 2021, the White House reported 96.5% of executive branch workers, to whom the mandate applies, were either in the process of getting vaccinated or requested an exemption. About four in 10 companies have some variety of shot requirement, according to a recent survey report from management-side firm Littler Mendelson PC. Arizona AG Brnovich sues Biden administration for vaccine mandate on federal employees and large businesses This is the first state lawsuit filed against the Biden administration regarding its . Want the real scoop? \n An employee could be let go without severance, or for cause, if the individual is guilty of serious wrongdoing, such as theft, fraud or gross insubordination or incompetence. See here for a complete list of exchanges and delays. Workers so far have filed at least five lawsuits challenging denial of accommodations for a severe reaction to the Covid-19 vaccine; blood clotting; prior stroke history; a compromised immune system and infection with the Epstein-Barr virus; and asthma, the risk of atrial fibrillation, and an allergic reaction to a tetanus vaccine. But U.S. District Judge Lynn Hughes ruled June 12 that Houston . New York City has agreed to pay several million dollars to settle a lawsuit brought by protesters who say they were assaulted, abused and trapped by police using a technique known as "kettling" at a demonstration in the wake of George Floyd's killing. Additionally, Arizona is co-leading a coalition of states to stop the Biden . Although Brass tried to frame his lawsuit as one affecting the constitutional rights of all American citizens, the"vaccine mandate only applies to him because he is a federal employee," Hegarty noted. Quotes displayed in real-time or delayed by at least 15 minutes. Naval Academy in Annapolis, Md. Performance & security by Cloudflare. Companies with vaccinate mandates have largely fended off legal challenges to how they handle employees' exemption requests. The U.S. District . Article. Mexico's Televisa reaches $95 mln investor settlement over FIFA bribery role, Massachusetts U.S. Attorney taps ex-DOJ watchdog to defend her in ethics probe, EU silence over Pfizer COVID contract talks is problem that won't go away -watchdog, China scoffs at FBI claim that Wuhan lab leak likely caused COVID pandemic, Novavax raises doubts about ability to remain in business, shares fall, Republican drive against Biden ESG investment rule gains momentum, Law firm leaders express the benefit of strategy, culture & adaptability to weather these uncertain times, 2023 State of the Courts Report: Moving toward modernization, US enforcement seeks fraud among emerging, unregulated finance spaces, Recommended change management practices to plan, build, then deploy successful legal tech, Exclusive news, data and analytics for financial market professionals. Hamilton maintained that Payne had not suffered a concrete injury because he was never disciplined for refusing the vaccine. "Some of your argument is very persuasive, but you can't overlook what your client has alleged," said Rogers, an appointee of Democratic former President Bill Clinton. Since Jan. 1 of this year, 386,233 people have died due to the virus, compared to last year's toll of 385,343. This photo shows a vial of the Pfizer vaccine for COVID-19 in Seattle. Utah has taken part in three lawsuits contesting different federal vaccination mandates, including those for federal contractors, businesses with over 100 employees, and health care workers. Samfiru, who specializes in labour and employment law and whose firm represents both employees and employers, says the firm has been retained by hundreds of individuals who have been let go because they werent vaccinated or were placed on unpaid leaves of absence. The ruling came after Texas lawmakers filed a brief in support of the plaintiffs. The vast majority of these cases (75 percent) have been filed against employers. Brass told Colorado Politics he is still awaiting action on his request for a religious exemption, but said he is being "discriminated against" through a requirement to test for COVID-19. The number of births registered in Japan plummeted to another record low last year -- the latest worrying statistic in a decades-long decline that the country's authorities have failed to reverse despite their extensive efforts. The Washington-based Federal Practice Group filed the complaint against President Joe Biden and top agency officials in the . It would also depend on the policy itself and whether it actually makes vaccination mandatory. Certain employees in federally regulated industries, such as air transportation, banks and telecommunications, who aren't unionized also have the right to grieve their case through an unjust dismissal claim under the Canada labour Code, similar to what a unionized employee would proceed through with arbitration. Feds for Medical Freedom, a coalition organizing federal workers and behind the lawsuit, asked the court to block Biden's policy from taking effect next month. And in November, the Ontario Superior Court of Justice denied a request from Amalgamated Transit Union Local 113 to pause the Toronto Transmit Commission's vaccine policy for up to 60 days. These include President Biden's executive orders for federal contractors (EO 14042) and U.S. government employees (EO 14043), Department of Defense (DOD) vaccine mandates for military and . posted on February 28, 2023, Panel Backs Bill to Make Censorship a Firing Offense for Federal Employees Payne's lawyer, Gene Hamilton of conservative group America First Legal, said during Wednesday's arguments that in order to go through the complaint process, Payne would first have to be disciplined or fired. August 2022 brought the highest nu Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. Additionally, the lawsuit asks the Court to block the Biden Administration from withholding . each comment to let us know of abusive posts. A federal judge on Tuesday blocked President Joe Biden's administration from enforcing a COVID-19 vaccine mandate for employees of federal contractors . There have been 771,576 deaths due to the virus since the pandemic started, though that number is currently trending downward. Employer vaccine mandates were much more prevalent last fall and winter. Our Standards: The Thomson Reuters Trust Principles. The decision is one of several unsuccessful attempts to date in Colorado at voiding COVID-19 vaccination mandates from different levels of government, with cases brought by university employees, municipal contractors and military personnel being dismissed outright or proceeding in limited form. Mandate potentially affecting about 3.5 million employees currently on hold, Government argues employees can only challenge policies through civil service process. Inslee and Dr. Fauci over vaccine mandates for federal government employees, including subcontractors. While legal challenges have had some success against some of thesweeping federal vaccine efforts, individual employers continue to have success on some of the claims made. Confidentiality and Non-Disparagement Agreements with Non-Supervisory Employees: USCIS Confirms It Will Accept Employment-Based I-485 Applications Based on March Ogletree, Deakins, Nash, Smoak & Stewart, P.C. In September, U.S. Magistrate Judge Michael E. Hegarty analyzed the case and recommended dismissal for multiple reasons. In April, separate appellate courts based in Richmond and New Orleans issued decisions determining that challenges to Executive Order 14043 must follow the procedure in theCivil Service Reform Act. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. Yet those workers victories proved fleeting, as courts later denied their bids for preliminary injunctions that would have kept their employers policies on ice throughout litigation. racist or sexually-oriented language. Biden vaccine rule sets stage for onslaught of lawsuits. "Communicable diseases are considered disabilities. Given the Federal Government's . On Nov. 12, the Fifth Circuit Court of Appeals ordered OSHA to "take no steps to implement or enforce the Mandate until further court order." The U.S. Department of Justice also disputed the characterizationof Brass' claim as an alleged Fourth Amendment violation. Animal Rescue in Longueuil is calling the actions of a Longueuil police (SPAL) officer "outrageous" after the officer was filmed shooting a deer multiple times while it was on the ground. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. California Assembly Bill Pushes for Womens Designated Restrooms on Mississippi Legislature Takes Up Pass-Through Entity Election FTC Signals Increased Scrutiny of Technology Sector Through Understanding the Corporate Transparency Act and Ensuring Compliance. A Michigan State University employee and two former staffers argued they should have been exempt from a vaccine mandate because of natural immunity. BIDEN FEMA REJECTS TEXAS APPEAL FOR EMERGENCY AID OVER BORDER CRISIS. The New York City Council Sets its Sights on Non-Profit Housing DOJ Announces New Voluntary Self-Disclosure Policy for U.S. Attorney Supreme Court: Salary, Not Daily Pay, Required for FLSA Overtime Time Is Money: A Quick Wage-Hour Tip on the Tip Credit, EDPB issues its Opinion on the EU-U.S. Data Privacy Framework, Hunton Andrews Kurths Privacy and Cybersecurity. On Sept. 9, 2021, amid a rise in COVID-19 infections associated with the delta variant of the virus . The B.C. The White House has said that more than 97% of federal workers complied with the mandate. The federal appeals court handing the primary lawsuit against the Coronavirus vaccination mandate for federal employees has said it will hear oral arguments during the week of September 12 a year almost to the day from when the mandate was issued last September 9. Andrew Tate has sought to fight rape and trafficking allegations while in police custody, directing associates to recruit two right-wing lawmakers to his cause, according to wiretaps of his phone calls submitted to a court by Romanian prosecutors. EC Appeals European General Court Decision Annulling the Harmonized Weekly Bankruptcy Alert February 28, 2023. Your IP: Ten states filed a lawsuit on Wednesday seeking to block the Biden administration's coronavirus vaccine mandate for health care workers, on the heels of a court . ADVANCED! Employee Sues 3M for Alleged Discrimination Over COVID-19 Vaccine Mandate. First Offshore Wind Energy Lease Sales in the Gulf of Mexico, Telephone and Texting Compliance News: Litigation Update February 2023. Bill Gale, an employment lawyer and partner at the Toronto firm Grosman Gale Fletcher Hopkins LLP, says when it comes to ensuring the health and safety of employees, he believes a lot of employers are nervous about the potential for lawsuits. 0:56. Lior Samfiru, a national co-managing partner at Samfiru Tumarkin LLP, told CTVNews.ca that his firm has received thousands of questions in recent months about vaccine mandates. South Korean company SK Telecom's air taxi mockup was one of the eye-catching demonstrations at Mobile World Congress, the world's biggest telecom industry trade show. Was he or she given an opportunity to comply with it? "Plaintiff is not being forcibly vaccinated. Carson Light sued KCCI . "That's what a court is going to look for on a straight-up termination," she said. Winik said there are various avenues for federal workers to challenge illegal employment practices. The lawsuit alleges that the vaccine mandate forces service members, federal employees, and federal employees to "inject themselves with: (1) a non-FDA approved product; (2) against their will . The family of the late Kobe Bryant has agreed to a US$28.5 million settlement with Los Angeles County to resolve the remaining claims in a lawsuit over deputies and firefighters sharing grisly photos of the NBA star, his 13-year-old daughter and other victims killed in a 2020 helicopter crash, attorneys and court filings said Tuesday. Biden last September said he would require about 3.5 million government workers to get vaccinated by Nov. 22, 2021 if they did not qualify for a religious or medical exemption, or face discipline or firing. Legal Statement. Nearly 60% of the U.S. population is fully vaccinated. Especially with the Omicron variant so widespread, the success of future cases may depend on what exactly an employer is looking to accomplish with its vaccine policy. Already, some rulings have been issued related to vaccine policies. Legal Statement. There really are only a few medical-related reasons not to take vaccines, said Dorit Reiss, a professor at the University of California Hastings College of the Law who specializes in vaccine policy. Circuit Judge Justin Walker, an appointee of Republican former President Donald Trump, seemed more sympathetic to Hamilton's arguments. Image: BaLL LunLa/Shutterstock.com, Like this article? The vast majority of these cases (75 percent) have been filed against employers. Litigation over accommodation requests stem from a tiny percentage of extremely committed people rather than a groundswell of opposition, he said. A conservative legal group set up by former Trump adviser Stephen Miller is suing the Biden administration on behalf of a 20-year Navy employee over the federal employee COVID-19 vaccine mandate. Rescuers searched for survivors Wednesday in the mangled wreckage of two trains that slammed into each other in northern Greece, killing at least 43 people in the country's worst-ever rail crash. SPAL communications spokesperson Francois Boucher said that on Feb. 19, a concerned citizen called the police about a wounded deer near Michel-Chartrand Park and that it was shot 13 times. Neither the government nor Brass objected to Hegarty's reasoning or conclusions. Judges have rejected workers requests for immediate court orders blocking enforcement of those policies in 22 of those challenges. REUTERS/Lindsey Wasson. Lawsuits opposing COVID-19 vaccine mandates have surpassed the 1,000-complaint mark. As a result, he has been promised that he will lose his job, according to the lawsuit. Get an email notification whenever someone contributes to the discussion. Statement in compliance with Texas Rules of Professional Conduct. The slice of those cases with genuine medical or religious claims is extraordinarily small.. 2023 FOX News Network, LLC. An international archeological mission has uncovered the remnants of what is believed to be a 5,000-year-old restaurant or tavern in the ancient city of Lagash in southern Iraq. The Basics of Californias Outside Salesperson Exemption. Confidentiality and Non-Disparagement Agreements with Non-Supervisory USCIS Confirms It Will Accept Employment-Based I-485 Applications New Jersey Enacts Bill of Rights for Temporary Workers, DOJ Implements Nationwide Voluntary Self-Disclosure Program. NEW ORLEANS President Joe Biden's requirement that all federal employees be vaccinated against COVID-19 was upheld Thursday by a federal appeals court. (NIAID-RML via AP), United Food and Commercial Workers Canada Local 175, B.C. "I think there's a real argument that it's not legal," he said. Powered and implemented by FactSet Digital Solutions. Federal law prohibits employers and others from requiring vaccination with a Covid-19 vaccine distributed under an EUA. Try plastic surgery for autographs, 'A little scary': Iditarod Trail Sled Dog Race begins with smallest field ever, Kobe Bryant family settles photo lawsuit for US$28.5 million, Leafs re-acquire Luke Schenn, deal Rasmus Sandin and Pierre Engvall, Mexican president says Tesla to build plant in Mexico, Nissan recalls over 800K SUVs; key defect can cut off engine, Max Verstappen again the man to beat in F1 in 2023. Scarborough said the law allowed them to petition the U.S. Office of Special Counsel, or wait until they faced disciplinary action to bring a challenge under the CRSA. Multiple Concussions Result in Greater Cognitive Deficits, DOL Issues Internal Guidance on Telework Under the FLSA & FMLA, USPTO Launches Cancer Moonshot Expedited Examination Pilot Program. Enforcement of President Biden's mandate that all federal employees receive the COVID-19 vaccine is once again delayed after an appeals court on Monday agreed to rehear the case, at least . REUTERS/Dado Ruvic/File Photo. Researchers on Wednesday unveiled an analysis of genome data from 356 hunter-gatherers who lived in the region between 35,000 and 5,000 years ago, a span that included the Ice Age's coldest interval. The Washington-based Federal Practice Group filed the complaint against President Joe Biden and top agency officials in the U.S. District Court for the District of Columbia on Oct. 19 on behalf of the dozens of federal workers and submitted an amended version on Oct. 20. As of December 8, 2021, the Federal Government has achieved 97.2% compliance with 92.5% of employees having received at least one COVID-19 vaccination dose. After Milan, global fashion's spotlight shifted to the final stretch of ready-to-wear shows in Paris on Tuesday, as the industry looks to the future with all the final fall trends. The Covid-19 vaccines' status as an emergency product has fueled initial lawsuits against employers requiring inoculations, giving workers a legal toehold to contest management's broad authority to make . A U.S. district court in Georgia halted the Biden administration's vaccine mandate for federal contractors on Tuesday, writing that the president likely exceeded his authority. A Texas federal judge agreed and blocked the mandate in January, but the 5th Circuit panel that revived it said the employees had to go through an administrative procedure to challenge the mandate before suing in court under the federal Civil Service Reform Act (CSRA). It also cites the natural immunity that unvaccinated federal employees may have gotten through infection. Putting olive oil in coffee is hardly a tradition in Italy, but that didn't stop Starbucks interim CEO Howard Schultz from launching a series of beverages that do just that in Milan, the city that inspired his coffee house empire. All rights reserved. Similar arguments have been raised in about a dozen other suits but the case before the Fifth Circuit has become the bellwether because it is the only one in which a judge issued an injunction. As part of his arguments, Brass claimed the vaccines were "a rape, a violation of the body." ", Track COVID-19 cases, hospitalizations and wastewater numbers across Canada. A group of Michigan-based employees of companies that have contracts with the federal government have filed a lawsuit claiming the vaccine mandate issued by President Joe Biden's administration is . When legal challenges to COVID-19 vaccine mandates began to rise sharply in the fall of 2021, cases were directed mostly at Biden Administration executive orders and agency directives, as well as vaccination requirements imposed upon certain industries by state and local governments. Threats of harming another Compliance rates with workplace vaccine mandates have been overwhelming, with a very small minority of workers resisting their employers shot requirements, said Robert Field, a professor of law and public health at Drexel University. Lawsuits from fired unvaccinated workers are beginning to pile up, lawyers say, but Trudeau's promised protections for employers who mandate COVID vaccines are nowhere to be seen. June 7, 2021, 2:16 AM. No racism, sexism or any sort of -ism 22-5154. Biden last year required about 3.5 million government workers to get vaccinated if they did not qualify for a religious or medical exemption, or face discipline. Our website features subscriber-only news stories daily, designed for public policy arena professionals. The White House and DHS did not immediately respond to a request for comment. Strategies for Protecting Standard Essential Patents, How to Make the Best Out of Your Employees Inventions Applicable Rules and Best Practices for Global Companies, Key Changes Are on the Horizon for Retirement Plans, McDermott IP Focus (Japan) 2023 - Life Sciences Session: Pharma Brands v. Generics: Developments Affecting the Balance Between Exclusivity and Market Entry, The Final CCPA Regulations: What You Need To Know. Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. But it also is likely to trigger an avalanche of . Was the employee advised of the consequences for failing to comply? This material may not be published, broadcast, rewritten, or redistributed. 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