Others have been given temporary waivers against the requirement or exemptions based on religious grounds. How a flight attendant took the time to comfort a passenger who was having panic attacks. Dirty Steel-Toe Boots, Episode 16: Investigations and the OSH Acts DOE Issues FOA for Carbon Capture Large-Scale Pilots and Carbon A Forward Look at IRAs Sweeping Impact on the EV Sector [PODCAST]. It also raises concerns about a directive in the guidance, which states, All commanders have the responsibility and authority to preserve the Departments compelling interest in mission accomplishment. For employers, 2021 was a challenging year. Attorneys for NorthShore University HealthSystem and ex-employees who filed a class action lawsuit over the hospital group's COVID-19 vaccine mandate have asked a judge to approve a. In addition to Bridges' lawsuit, cases have . A spokesperson from the City of Guelph said they are unaware of the lawsuit. The U.S. Court of Appeals for the Sixth Circuit dissolved the stay, but the U.S. Supreme Court reversed the Sixth Circuits decision and granted a temporary stay. Five former employees have filed a proposed class action against Raytheon Technologies Corporation over the federal contractors COVID-19 vaccine mandate. The Equal Employment Opportunity Commission recently confirmed that employers can require workers to get vaccinated against Covid-19, although they may need to make reasonable accommodations for workers who turn down the jab due to a health condition or a religious belief. An employer could face a discrimination lawsuit if enforcing its vaccine mandates has a disparate impact on workers based on their race, color, religion, sex, or national origin, the EEOC noted. Employer Mandates Explained, Covid-19 Vaccine Mandates at Work Promise Employer Headaches, a way to mount blanket challenges to vaccination mandates, encourage more employers to require the jab, Available Covid-19 vaccines on emergency authorization, Lawsuits claim federal law prohibits requiring shots. HERE IT IS: The Czars HUGE Breakdown of the FCC NPRM is NOW Telehealth Update: DEA Issues Long-Awaited Proposed Rule on CFPB Provides Guidance on Auto Finance Data Pilot, Two Maui Men Sentenced for Racially Motivated Attack on White Man, US Executive Branch Update March 3, 2023, EPA Holds Third and Final TSCA Engineering Initiative Webinar. The lawsuit against Houston Methodist includes claims of wrongful discharge and violation of Texas public policy exception to the at-will employment doctrine, which otherwise permits employers to fire workers for any legal reason. The president signed the NDAA into law despite opposing ending the mandate, and after thousands of service members RARs were denied, were punished, demoted and discharged. In other words, a commander who pledges to defend the Constitution and the laws of the land will be considered insubordinate for requesting that the laws of the land be enforced. White House Requires Removal of TikTok App from FDA Withdraws Proposed Rule on General Principles for Food Standards New FAQs Dramatically Expand Scope of California Labor Contractor Today is the Day Dont Miss the Employer Deadline to Report to OSHA, PTO Seeks Comments on Role of Artificial Intelligence in Inventorship. EXPOSED: Does a New NCLC Ex Parte Filing Expose Their True Agenda to Little Weight Given to Conclusory Expert Declaration That Repeats IPR Department of Homeland Security Provides Information Related to EB-5 PTAB: Vidal Refocuses Guidance On Fintiv Factors And Discretionary Aluminum Is Now A Hot Topic In Supply Chain And Trade. Federally Recognized Holidays, Employer Considerations for DOLs New AEWR Rule. In June of that year, a federal judgedismisseda lawsuit brought by more than 100 Houston Methodist employees, marking the first decision by a court regarding such a requirement at a health system. But employers may still face legal challenges for their accommodation decisions, which can be expensive to defend. At least four federal lawsuits have been filed against employers over COVID-19 vaccine mandates, and each has strong ties to the anti-vaccine movement. "We continue to support system-wide, evidence-based vaccination requirements for everyone who works at NorthShore Edward-Elmhurst Health and thank our team members for helping to keep our communities safe," NorthShore Public Relations Director Colette Urban told Patch. AG Clamps Down on Local Solar and Battery Storage Moratoria. He added: The law makes clear that employers are obligated to have safe workplaces.. To contact the reporter on this story: Robert Iafolla in Washington at riafolla@bloomberglaw.com, To contact the editors responsible for this story: Jay-Anne B. Casuga at jcasuga@bloomberglaw.com; Travis Tritten at ttritten@bgov.com, Learn more about a Bloomberg Law subscription. Levitt noted that the amount the lawsuit is seeking is outrageous in any event.. The statement of claim further alleges the vaccine mandates violate section 7 of the Canadian Charter of Rights and Freedoms, in that it violates the right to bodily and psychological integrity. The. Legislative Package Includes Bills to Advance Biofuels Research, PTO to Begin Issuing Electronic Patent Grants, OSHA to Expand the Use of Instance-by-Instance Penalties. This browser does not support PDFs. Cases have already been filed on behalf of Shelly Kiel and Sherry Ihde. The next month, vaccinated employees were given green ESD badge holders indicating they were clean, i.e., vaccinated, while non-vaccinated employees were required to wear badges with orange or red holders and lanyards, according to the suit. The agreement calls for each of those 13 women to receive an additional $20,000. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 ortollfree(877)357-3317. The Biden Administration has since withdrawn its enforcement of the OSHA ETS but left its provisions in place to serve as a notice of proposed rulemaking for a permanent rule. There were more questions than answers on Friday after CTV News reported a $715,000 investment from the federal and provincial governments into Vancouver's CRAB Park homeless encampment. The class action lawsuit is not Fonte and Gelormino's first foray into coronavirus-related cases. The statement of claim does not break down if the employees are unionized or not but according to Levitt, if they are unionized they cannot sue in a class action in court, they can only grieve through a grievance procedure. 20th Annual Spine, Orthopedic & Pain Management-Driven ASC Conference, 8th Annual Health IT + Digital Health + RCM Conference, 29th Annual Meeting - The Business & Operations of ASCs, Conference Reviewers: Request for More Information, Beckers Digital Health + Health IT Podcast, Becker's Ambulatory Surgery Centers Podcast, Becker's Cardiology + Heart Surgery Podcast, Current Issue - Becker's Clinical Leadership & Infection Control, Past Issues - Becker's Clinical Leadership & Infection Control, Revenue Cycle Management Companies in Healthcare to Know, Hospitals and Health Systems with Great Neurosurgery and Spine Programs, Hospitals and Health Systems with Great Heart Programs, 50 hospitals and health systems with great orthopedic programs headed into 2023, 100 of the largest hospitals and health systems in America | 2023, 60 hospitals and health systems with great oncology programs headed into 2023, 150 top places to work in healthcare | 2019, Texas hospital set to close, asks University Health to take over, 20+ US hospitals among Newsweek's top 100 global hospitals, Nurse impostor treated patients for 15 years, police say, Some innocent nurses may be caught up in degree scheme, 8th Annual Becker's Health IT + Digital Health + RCM Annual Meeting. Nearly 90% of the charges involving Covid-19 vaccines that the EEOC received between April 2020 and December 2021 were brought under Title VII, while just 10% were brought under the ADA, according to data provided by the agency. Accepting Cryptocurrency and Digital Asset Donations: What Charities Need to Know. This issue of the Class Action Trends Report offers a snapshot of the most significant employment-related class action activity from the tumultuous year. "This settlement should also serve as a strong warning to employers across the nation that they cannot refuse to accommodate those with sincere religious objections to forced vaccination mandates.. Photo: Pramote Polyamate/Getty Images. In a statement provided to thePost Bulletinabout the lawsuits, Mayo said the health system "stands firmly behind the evidence supporting the efficacy and safety of COVID-19 vaccines to help protect the health and safety of our patients, workforce, visitors and communities. Snow is falling as thunder and lightning strike Toronto in a major winter snowstorm pummelling much of southern Ontario Friday evening. January 18, 2023: There are now 60 active Gardasil lawsuits pending in the Gardasil class action MDL in the Western District of North Carolina. Its a class action, where the class consists of: state employees that will lose their employment if they are not vaccinated and do not have and exemption and . Conservative party faithful from across the region braved a winter storm Friday night for their chance to catch Canadas opposition leader in an up-close and personal setting. These military heroes have sacrificed everything to defend America," Staver said. Locking Tik Tok? Several former municipal employees from municipalities across Ontario, including locally, have filed a $125.9M class action lawsuit in connection to the Province of Ontarios COVID-19 vaccine mandates, which the plaintiffs claim were unconstitutional. Six employees at the Oak Ridge National Lab (ORNL) filed a class-action lawsuit against UT-Battelle over the COVID-19 vaccine mandate earlier this week. Litigation over accommodation requests stem from a tiny percentage of extremely committed people rather than a groundswell of opposition, he said. Its anti-LGBTQ advocacy has led the Southern Poverty Law Center to designate it as a hate group. In April 2021, a Texas hospital system announced to its 26,000 employees that they all needed to receive a COVID-19 vaccine as a condition of staying employed. Whats going to end up happening is the court is going to toss the case for the unionized employees and award cost against them for that, and the non-union employees may have a long case against them, but at the end of the day, they are going to lose, said Levitt. Privacy Policy. Employers generally have the legal power to set rules in the workplace and enforce them under the penalty of termination. A winter storm warning covers London-Middlesex, Huron-Perth, Sarnia-Lambton and Oxford, while Elgin, Simcoe, and Norfolk County meanwhile are under a winter weather travel advisory. Employees could request an exemption for medical or religious reasons. Efforts to contain the spread of COVID-19 were met with stiff resistance legal and otherwise; still, employers persist in earnest to maintain their operations safely and efficiently. 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 vaccination a condition of employment. The case alleges unvaccinated Honeywell employees were, for example, required to wear red- or orange-colored badges instead of the green badges given to clean vaccinated employees. She also has vast experience in the area of wage and hour class actions. But now my employer, a state institution, is requiring Covid vaccines. They view life, both their own and that of their fellow man as sacred and deserving of the utmost protection., The plaintiffs argue that if Raytheons true goal was the health of workers and a safe environment, forcing weight loss and smoking cessation would have better served the purpose as obesity and hypertension were the most prevalent co-morbidities associated with the virus.. NorthShore agreed to establish a $10,337,500 fund, which will provide compensation to approximately 523 of its current or former employees who were denied religious exemptions from its vaccine mandate requested between July 2021 and January 2022. The lawsuit alleges Honeywell employees who requested vaccination exemptions were given poor performance reviews, harassed, denied promotions, placed on leave, constructively discharged, or even terminated based on their sincerely held religious beliefs or perceived disability status. A federal class-action lawsuit was filed Tuesday over Pittsburgh Regional Transit's COVID-19 vaccine mandate.The lawsuit seeks to represent employees that attorneys claim were subject to . Tom Sizemore, the 'Saving Private Ryan' actor whose bright 1990s star burned out under the weight of his own domestic violence and drug convictions, died Friday at age 61. Last Friday, the U.S. Supreme Court narrowed the scope of O'Connor's earlier decision, ruling that the Navy could use vaccination status when determining deployment, assignments, and operational decisions. Dozens of kids from the Edmonton area are pulling shifts on the ice over the weekend, playing hockey to help kids that can't. Courts issued temporary restraining orders in just three cases, which involved employers putting workers on unpaid leave as an accommodation for not getting vaccinated. (1 minute) Hundreds of thousands of college and graduate students at public universities have been given a choice: Get fully vaccinated . Shehas extensive experience in all facets of employment litigation. The lawsuit also seeks $200,000 each per plaintiff for the intentional infliction of mental distress and anguish and punitive damages in the amount of $100,000 per plaintiff. So when the five-year-old dog started thrashing and yelping on a sidewalk outside Park Royal mall in West Vancouver last Saturday, his owner Teresa Bouchard knew something was seriously wrong. The lawsuits rhetoric comparing the vaccine mandate to human rights violations is misguided and flat-out offensive, said Eric Feldman, a University of Pennsylvania professor of law, health policy, and medical ethics. According to the lawsuit, each plaintiff experienced a hostile work environment in the form of being subjected to frequent homepage banners and emails reminding them to submit their vaccine status, [and] threatening termination for non-compliance., Plaintiffs do not believe that staying true to their faith meant exposing themselves or others to unnecessary risk, the suit says. 5 Evanston Teachers Among 30 Finalists For Golden Apple Award, City Council Approves $6.8 Million Contract For New Animal Shelter, Youth Orchestra Chicago - AUDITIONS for Fall '23, Art Talks! An iconic rap artist brought some of his most popular hits from over the past few decades to Simcoe County Friday night. Judges have rejected workers requests for immediate court orders blocking enforcement of those policies in 22 of those challenges. Class action challenges. Like many vaccine mandate challenges, plaintiffs have filed motions for injunctive relief (both TRO and preliminary injunctions) pending a decision on the merits of their class action claims. O'Connor found that the sailors covered in the class action shared key similarities with a group of 35 sailors who had previously sued over the mandatea group that he granted a preliminary injunction against being punished for refusing the vaccine in January. Congress required it to rescind the mandate when it passed the National Defense Authorization Act. The Liberty Counsel, the organization representing the workers, says the agreement is the first class action settlement against a private employer involving a COVID-19 vaccine mandate in the country. Class action challenges. This seems to imply that getting the COVID-19 shots is the responsibility of the commander, Staver said. Its Here The New National Cybersecurity Strategy. No government agency or court interpreting that section has said it prohibits employers from taking action against workers who refuse to comply with a vaccine mandate, legal observers said. The lawsuit looks to represent current or former Honeywell employees who, at any time since May 2021, objected to the companys vaccine mandate because of sincerely held religious beliefs or a disability exemption or accommodation and were placed on unpaid administrative leave, discharged, constructively discharged, retaliated against or resigned due to their religious beliefs. The slice of those cases with genuine medical or religious claims is extraordinarily small.. The defendants include the City of Cambridge, the City of Cambridge Fire Department, the City of Guelph, the City of Guelph Fire Department, the Solicitor General of Ontario, the City of Toronto, the City of Toronto Police, the City of Toronto Chief of Police, City of Toronto Fire Service among many others. ClassAction.org is a group of online professionals (designers, developers and writers) with years of experience in the legal industry. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. Unvaccinated workers were also asked to utilize separate common areas and bathrooms, including port-a-potties, and submit to weekly testing or take unpaid leave, even if they worked remotely from home, the lawsuit says. Words With Friends, Part 1: Insurance Requirements and Contracts, Legislator Proposes To Expand CFL To Encompass "Commercial CERCLA PFAS Scope May Broaden To Many More PFAS, AI Avatar App is the Latest Target of BIPA Class Action Litigation. Saturday, Hundreds brave storm to catch Poilievre in London, Ont, Windsor boy gets surprise of a lifetime from local TikTok star, Winter storm warning: Windsor-Essex could get up to 15cm of snow, Windsor Star production facility prints its final newspaper before printing shifts to Toronto, Vanilla Ice brings 90s hits to Casino Rama, Former fire captain James Schwalm makes court appearance in death of his wife, Eight people charged in decades-long Ontario art fraud investigation, 'There are no words': Dementia patient suffers third-degree burns at northern Ont. College students and parents of K-12 children have sued to enjoin mandates implemented by universities and by local school districts. New cases and investigations, settlement deadlines, and news straight to your inbox. Thelawsuit, filed May 28, 2021, argued the mandate is illegal and forces workers to get an experimental vaccine to keep their jobs. Many lawmakers said they're considering legal action against a mandate requiring businesses with 100 or more employees to have workers vaccinated. Plaintiffs have sued to invalidate President Joe Bidens executive orders for federal contractors and employees, Department of Defense (DOD) vaccine mandates for military and civilian employees, the Occupational Safety and Health Administrations Emergency Temporary Standard (OSHA ETS) vaccine or test rule for employers with 100 employees or more, the Centers for Medicare and Medicaid Services (CMS) mandate for covered providers who participate in the Medicare and Medicaid programs and others covered by the CMS mandate,decision under the Fair Labor Standards Act, the Fifth Circuit chipped away at the prevailing presumption that plaintiffs are entitled to conditional certification of collective actions under a lenient standard of proof. Courts have been reluctant to enjoin employers from enforcing their mandates before resolving the dispute. H-2B Cap for Fiscal Year 2023 Is Met: A Supplemental Cap Increase As COVID-19 Emergency Waivers End, DEA Proposes to Expand Tele- How Employers Need to Prepare for the End of the COVID Public Health USPTO To Transition To Electronically Granted Patents In April 2023, Reductions in Force: Some High-Level Issues To Consider, CMS Streamlines Stark Law Self-Referral Disclosure Protocol (SRDP), The Alice Eligibility Two-Step Dance Continues, FTC is Talking Trash and Zeroing-in on Recyclable Claims, FTC Hosts Forum on Proposed Rule to Ban Noncompete Clauses. The standard for religious exemptions under Title VII is looser. On Wednesday, Matthew Rivera filed a class action lawsuit in the Eastern District of New York against the City of New York, the citys Mayor, the New York City Department of Health and Mental . The 91-page lawsuit was filed by more than four dozen current or former employees who claim Honeywell only superficially granted religious exemptions to its policy requiring all employees receive the COVID-19 vaccine. Many of the plaintiffs claim to have acquired natural immunity to COVID-19 due to possessing antibodies after having contracted and recovered from the virus. The newspaper and Becker's also requested comment from Ascension. 660. By continuing to use our site, you acknowledge that you have read, that you understand, and that you accept our. 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. But that all ended Friday, following a decision from publication owner Postmedia to relocate printing efforts of the Windsor-based paper to Toronto. A proposed class action looks to take Honeywell International, Inc. to task over its alleged discrimination against employees who requested religious exemptions from the defense contractors COVID-19 vaccination mandate. Ascension, a health system with more than 140 hospitals, announced its mandate in late July, saying at the time that tens of thousands of Ascension workers had already been vaccinated. More than 35 years after the world's worst nuclear accident, the dogs of Chornobyl roam among decaying, abandoned buildings in and around the closed plant -- somehow still able to find food, breed and survive. This lawsuit is a mess. Aug. 6, 2021 5:30 am ET. The first weeks of 2022 already have brought notable developments on the class action front, and the Supreme Court has teed up important cases for arbitration jurisprudence. Those mandates take effect in the fall, so there hasnt been a rush to sue schools to stop them, said Dorit Reiss, a law professor at the University of California Hastings College of the Law who specializes in vaccine policy. According to the request for court approval of the settlement agreement, attorneys for both sides met in May for a daylong mediation session with an experienced Title VII class action mediator, after which they engaged in further negotiations to hammer out each element of the 24-page proposed class action settlement agreement. Licenses for Exports to Are You Ready for the UPC? Overview The Team Webinars Podcasts Publications Overview The couple and roughly 600 others, including the state fire marshal, are joining a lawsuit challenging Gov. In compliance with established laws, Mayo offered its employees the option to request a religious accommodation.". Although thousands have requested exemptions from the mandate on religious grounds, only a tiny fraction of the requests have been approved. The lawsuit, filed May 27 in the U.S. District Court for the Southern District of Indiana, comes on behalf of workers who were suspended without pay for refusing the vaccine on religious grounds. The Mayo Clinic COVID-19 vaccination program remains in effect. Last December, the defendant allegedly announced that a $500 surcharge would be added to non-vaccinated employees medical plans for 2022, and that the process for terminating those workers would begin in early January of this year. At least three other lawsuits challenging employer Covid-19 vaccine mandates use the same basic legal argumentthough not the same level of inflammatory rhetoric. Army Staff Sgt. Can Nonprecedential Decisions Be Relied Upon? The bill would also prohibit the state from recognizing certain federal vaccine mandates. Canadians are feeling more vulnerable to fraudsters and identity theft than ever before, according to a new survey that shows that most are taking steps to fight back. Read our Newswire Disclaimer. Thats a live issue because some demographic groups might need to overcome barriers to get inoculated that others dont, the commission said. Raytheon announced via email blast and a video message from its CEO around September 15, 2021 that it would implement a mandatory COVID-19 vaccination policy and require all workers to receive the vaccine and disclose their vaccination status, the case says. She was denied a religious exemption. A deputy sheriff in North Carolina who was fired for refusing the vaccine lodged a wrongful termination claim. The vast majority of these requestsIm not saying not all of thembut the vast majority are just subterfuge for vaccine hesitancy and vaccine refusal, said Lawrence Gostin, a law professor and director of Georgetown Universitys ONeill Institute for National and Global Health Law. A federal appellate judge has dealt another blow to the military's coronavirus vaccine mandate by allowing a high-profile class-action lawsuit against the Air Force to move forward. Outside of potential cases of unintentional discrimination, however, the ambiguous language in federal regulations for emergency medical products provides workers with a way to mount blanket challenges to vaccination mandates that they wouldnt otherwise have, legal observers said. Please download the PDF to view it: Download PDF. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. On Friday evening, East Tennessee District . Mia has defended a David R. Golder is a Principal in the Hartford, Connecticut, office of Jackson Lewis P.C. 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. An Edmonton man is speaking publicly for the first time after his ex-wife was convicted last week of trying to murder their three children. There will be much to discuss in forthcoming issues. Mia Farber isa principalin the Los Angeles, California, office of Jackson Lewis P.C. A Halifax family practice is closing, but the doctors affiliated with the practice and the province have two different stories about what led to the closure. Desperate Times, Desperate Measuring Cups FTC Brings Enforcement Trending in Telehealth: February 20 26, 2023, IRS Sets Deadline For Using 401(K) Plan Forfeitures, How Generative AI Generates Legal Issues in the Games Industry, DOJ Announces New Nationwide Voluntary Self-Disclosure Policy. This responsibility and authority includes the ability to maintain military readiness, unit cohesion, good order and discipline, and the health and safety of a resilient Joint Force.. Most recently, an Arizona federal district court issued a permanent injunction of the federal contractor mandate but limited the scope of the injunction to Arizona. long-term care home, Attempt to heat frozen pipes causes residential fire in Greater Sudbury, Winter storm set to hit Ottawa this weekend, Ottawa Valley communities considering four-day work week for municipal employees, Average Ottawa home price drops $130,000 in one year, 'Thundersnow' hits Toronto as city pummelled by major winter storm, up to 35 cm of snow, Cat nearly 'buried alive' under the snow when sniffed out by dog in Burlington, Major union joins community effort to save Lachine Hospital services, Teen facing first-degree murder charge for Montreal killings arrested in Ontario, Riviere-des-Prairies business robbed with 20 people inside: police, Cole Harbour man at centre of emergency alert dies after injuring himself with knife: RCMP, 'Dangerous man with firearm' arrested in Nova Scotia; emergency alert cancelled, Doctors at Halifax family practice challenge provinces response to office closure, 'We will become a lake': Manitoba farmer raises alarm over dike built near U.S. border, 'We do not feel respected or safe': U of W students protest lecture some say was transphobic, Four injured in random downtown attack: Winnipeg police, People and animals dead in apparent carbon monoxide incident, WestJet cancels multiple flights with winter storm in Toronto forecast, Convicted Calgary killer accused in another murder rated 'low risk' to reoffend by parole board, 'What she did was malice': Father speaks after mother of his 3 children was convicted of attempting to kill them, 'He would be so proud': Kids lace up for three-day non-stop hockey game to raise money for Ben Stelter Fund, Local artist paints pop culture art for pop culture icons, West Vancouver dog suffers electrical shocks on sidewalk at Park Royal mall, Concerns raised over feds and province funding services for Vancouver homeless encampment, Vancouver man plans to sell cocaine and other hard drugs commercially. According to a court filings, the employees who agreed to get vaccine despite their religious objections may be eligible to receive about $3,000, while those who were terminated could get about $25,000. In a separate case, Liberty Counsel presented oral arguments last month before the Eleventh Circuit Court of Appeals on behalf of a U.S. Marine lieutenant colonel and Navy commander of a warship. Several Los Angeles Unified School District workers and an employee group dubbed the California Educators for Medical Freedom argued that the school districts requirement runs afoul of state law regulating human medical experiments. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. Please download the PDF to view it: Download PDF. The lawsuit filed by hospital employees in late May argues that requiring them to take the vaccines violates the principles of the Nuremberg Code, which was established in response to Nazi human experimentation on concentration camp victims.

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