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The Health AI Frontier: New Opportunities for Innovation Across the FTC to Hold Workshop on Recyclable Claims. Employers generally have the legal power to set rules in the workplace and enforce them under the penalty of termination. A wave of complaint filings began mid-2021 without any sign it will ebb any time soon. Those statistics track with Equal Employment Opportunity Commission charge data. "The Parties extensive efforts led to the Settlement Agreement a product of hardfought, principled negotiations initiated by a well-respected mediator," according to the 29-page brief in support of the request for a certification of the settlement class and preliminary approval of the settlement. 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. Defendants possessed multiple less restrictive methods of mitigating the spread of COVID-19, including masking, remote teleworking, physical distancing, and voluntary testing of all symptomatic employees, the suit says. (The Center Square) Liberty Counsel is continuing with its lawsuits in federal court over the Department of Defense COVID-19 vaccine mandate even after the mandate was rescinded this week. A protester rallies against vaccine mandates on November 20, 2021, in New York City. The court pleadings frequently challenge the mandate itself. 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. 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. ClassAction.org is a group of online professionals (designers, developers and writers) with years of experience in the legal industry. VCOM Louisiana - prevents the enforcement of vaccine mandate Magliulo et al v. Edward Via College of Osteopathic Medicine, 3:2021cv02304 (W . A special weather advisory has been dropped for the Windsor-Essex region in favour of a winter storm warning as a winter blast is slated to batter the region Friday into the overnight hours. 2023 Shehas extensive experience in all facets of employment litigation. Charges have been laid in connection with a recent Calgary murder where the accused was previously convicted of manslaughter almost eight years ago. Over the past 15 months, weve seen how this infectious disease has become an infectious political vehicle, he said. Monday's ruling does not contradict the Supreme Court's decision, allowing the Navy to take the same actions against sailors refusing the vaccine in the class action group. Workers have filed at least 66 lawsuits against private employers since September 2021 for refusing to grant exemptions, or for providing allegedly insufficient accommodations, according to a Bloomberg Law review of cases. Last August, Merryday issued a classwide preliminary injunction. 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. Judges have rejected workers requests for immediate court orders blocking enforcement of those policies in 22 of those challenges. To contact the reporter on this story: Robert Iafolla in Washington at riafolla@bloomberglaw.com, To contact the editors responsible for this story: Laura D. Francis at lfrancis@bloomberglaw.com; Andrew Harris at aharris@bloomberglaw.com, Learn more about a Bloomberg Law subscription. House Energy & Commerce Subcommittee Holds Hearing on U.S. Hunton Andrews Kurths Privacy and Cybersecurity. All employees terminated because of their refusal to get vaccinated for religious reasons will be eligible to be rehired at their previous level of seniority, should they apply within three months of the settlement's final approval. An estimated 269 people resigned or were fired from their jobs at NorthShore based on their religious exemption, while about 204 received the vaccine after their religious exemptions were denied. Waters of the United States and Winston Churchill. "The fact that the military continues to demonstrate hostility to anyone who expresses religious objection to the vaccine mandate shows that the Biden Administration does not care about religious freedom. Snow is falling as thunder and lightning strike Toronto in a major winter snowstorm pummelling much of southern Ontario Friday evening. Here's what you need to know about the closures, plus what retail experts say about the company's exit from Canada. As a major snowstorm brought heavy snow to southern Ontario Friday evening, residents were met with another, surprising, weather phenomenon. 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. 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. ", The Navy approved its first religious exemption to the COVID-19 vaccine mandate in February. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. According to a class action suit filed in a Philadelphia court, a pharmaceutical company breached its promise to provide a 15-percent hazard pay premium at its vaccine plant through the. 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. 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. Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Privacy Policy. Thus far, those mandates have been relatively uncommon. ", The statement added, "Mayo Clinic recognizes that some employees have deeply held religious beliefs that led them to seek exemption from COVID-19 vaccination. Houston Methodist was the first large, integrated health system in the U.S. to implement a mandate, in spring 2021. Their attorneys asked the judge to approve the allocation of more than $2.06 million in attorneys fees, which they described as well below the typical amount awarded. Health care workers are heroes who daily give their lives to protect and treat their patients. 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. Read more here: Camp Lejeune Lawsuit Claims. A lawsuit claims Honeywell discriminated against employees who requested religious exemptions from the defense contractors COVID-19 vaccination mandate. A federal judge has allowed a class-action lawsuit from U.S. Navy sailors claiming religious exemptions to the military's COVID-19 vaccine mandate to move forward. Full approval could come in the fall for the vaccine developed by Pfizer Inc. and BioNTech SE, which applied in early May, and for the one made by Moderna Inc., which put in its application last week. EPA Releases Proposed Approach for Considering Cumulative Risks under Revised Colorado Privacy Act Rules Adopted for Review by Colorado AG. 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. Federally Recognized Holidays, Employer Considerations for DOLs New AEWR Rule. Workers suing companies on these grounds have refused the jab because they believe the vaccines use cell lines derived from aborted fetuses. 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. A NorthShore spokesperson said in a statement the settlement is in line with its revised staff vaccination policy. The lawsuit, filed May 28, 2021, argued the mandate is illegal and forces workers to get an experimental vaccine to keep their jobs. 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. Courts have shown willingness to enjoin some government-issued vaccine mandates. 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. A federal judge in Texas allowed a class-action lawsuit involving 4,000 U.S. Navy sailors claiming religious objections to the military's COVID-19 vaccine mandate to move forward. All rights reserved. Read more here: Camp Lejeune Lawsuit Claims. White House Reviewing Proposed Regulations on Reinstated Superfund You Dont Need a Machine to Predict What the FTC Might Do About Is It Compensable? 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. How quickly they succeed will likely depend on how many of their employees get vaccinated. In the case of Ms. Kiel, she claimed she had natural immunity against COVID-19 after having the virus as well as having an opposition to the vaccine on religious grounds, according to thePost Bulletin. Expanding Regulatory Reach over Intermediaries That May Constitute How to Value Digital Assets for Donation to Charity. Many lawmakers said they're considering legal action against a mandate requiring businesses with 100 or more employees to have workers vaccinated. 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. January 18, 2023: There are now 60 active Gardasil lawsuits pending in the Gardasil class action MDL in the Western District of North Carolina. Can the dogs of Chornobyl teach us new tricks on survival? Overview The Team Webinars Podcasts Publications Overview Many private employers have adopted their own COVID-19 vaccination requirements for employees, sometimes in adherence to government directives, but more often on their own initiative. 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. 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. Although a judge can wave them away, such incendiary claims may persuade members of the public who hear about the lawsuit, legitimating their skepticism about the Covid-19 vaccines, Feldman said. The Windsor Star is able to print about 30,000 newspapers in just one hour, according to union officials representing workers at the publications Starway Printing Facility. The workers are asking the court to open a class-action lawsuit under Title VII of the Civil Rights Act of 1964. However, those who were discharged can contact their discharge review board to request a correction to their personnel records, including records regarding the characterization of their discharge, Liberty Counsel notes. Locking Tik Tok? The standard for religious exemptions under Title VII is looser. How Modern Manufacturing Plants Can Protect Against Ransomware, FTC Will Host May 23, 2023, Workshop on Recyclable Claims and the Appellate Court Affirmed An Order Denying A Beneficiarys Request For An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Gold Dome Report Legislative Day 26 (2023). Employees have sued individually, have brought large multi-plaintiff complaints, and have filed class actions seeking to invalidate vaccine mandates and redress for adverse employment actions resulting from the failure to comply. Thelawsuit, filed May 28, 2021, argued the mandate is illegal and forces workers to get an experimental vaccine to keep their jobs. Mandatory Arbitration Agreements Remain Valid in California, Antitrust Practitioners Expect Activity With Climate Issues. How a flight attendant took the time to comfort a passenger who was having panic attacks. This seems to imply that getting the COVID-19 shots is the responsibility of the commander, Staver said. Filed: September 23, 2022 8:22-cv-02210. 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. Rahmaan Hameed is a modern contemporary pop artist, and he recently returned from Los Angeles where he painted a mural for Marvel actor Simu Liu all thanks to an Instagram DM. "It is especially significant and gratifying that this first classwide COVID settlement protects health care workers. A court has thrown out one of those health-based lawsuits, and a worker in a second case has filed for voluntary dismissal. Filed: September 24, 2022 4:22-cv-00436. Mr. Golder also provides preventive advice and counsel to employers wishing to limit their Eric R. Magnus is a Shareholder in the Atlanta, Georgia, office of Jackson Lewis P.C. Companies with vaccinate mandates have largely fended off legal challenges to how they handle employees' exemption requests. Last Updated on September 27, 2022 4:48 PM, on the basis of disability and/or religious beliefs. 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. The Fall 2021 issue of the Class Action Trends Report discussed many of the challenges wrought for employers by the late phase of the COVID-19 pandemic. The suit sought to be a class-action case because of the nearly 4,000 employees at risk of losing their . The Becker's Hospital Review website uses cookies to display relevant ads and to enhance your browsing experience. AG Clamps Down on Local Solar and Battery Storage Moratoria. The plaintiffs allege Honeywell also sent discriminatory and harassing emails in order to coerce workers into receiving the COVID-19 vaccine, and threatened employees with termination if they failed to comply. Use of this Website assumes acceptance of Terms & Conditions and Privacy Policy, Stay up to date on the latest, breaking news, Superior Court of Justice building in Windsor, Ont on Tuesday, April 13, 2021. 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. About four in 10 companies have some variety of shot requirement, according to a recent survey report from management-side firm Littler Mendelson PC. Can Nonprecedential Decisions Be Relied Upon? Companies with workplace Covid-19 vaccination mandates have largely fended off legal challenges to their handling of employees requests for religious and health-related exemptions. Vaccine Mandate Litigation As COVID-19 vaccines became available, many states, municipalities and companies made decisions on the best way to protect people from COVID-19, including the implementation of vaccine mandates. The slice of those cases with genuine medical or religious claims is extraordinarily small.. As EPA continues to move toward identifying PFAS as Hazardous Is an OSHA Workplace Violence Standard for the Healthcare Industry on Yellen Calls on World Bank to Take Decisive Action on Climate Change, To Volunteer or Not: The Role of Community Association Board Members. 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. 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. In compliance with established laws, Mayo offered its employees the option to request a religious accommodation.". Friday afternoon, firefighters responded to a call on Graham Road in the Greater Sudbury community of Whitefish, where flames could be seen from the windows and roof of a residence. Aug. 6, 2021 5:30 am ET. Why industry observers were not surprised by Nordstrom's move to close stores in Canada, Lesion removed from Joe Biden's chest was cancerous: doctor, Canadians feeling more vulnerable to fraud than ever before, survey says, but majority fighting back, Army training will be held in London, Ont. The CMS rule is now in effect across the country, although litigation challenging the CMS mandate is ongoing in several courts, including the Fifth and Eighth Circuits. In many cases, however, plaintiffs challenge the mandates as applied alleging that the defendant has wrongly refused to grant a religious accommodation exempting the plaintiffs from the mandatory vaccination policy, among other claims. According to the case, unvaccinated employees at one Honeywell location were segregated and isolated from coworkers, required to use outdoor portable toilets, and take lunch breaks outside with no air conditioning or heat. Europe: Is Eltif 2.0 a More Viable Structure for Long-Term Investment in the EU? U.S. District Judge Reed O'Connor's Monday ruling also temporarily blocked the Navy from punishing or discharging approximately 4,000 sailors who have refused the vaccines on religious grounds. The post-election landscape, evolving federal and state law, and the effects of a seemingly endless global pandemic created a difficult business climate. Get class action lawsuit news sent to your inbox sign up for ClassAction.orgs free weekly newsletterhere. Federal mandates. Five former employees have filed a proposed class action against Raytheon Technologies Corporation over the federal contractor's COVID-19 vaccine mandate. Above, a vial of the Pfizer/BioNTech COVID-19 vaccine is pictured in this photo taken in Santiago, Chile, on January 10, 2022. This lawsuit is a mess. California Law May Limit Hospitals Ability to Adopt The Joint Ankura CTIX FLASH Update - February 28, 2023, Ankura Cyber Threat Investigations and Expert Services. The COVID-19 vaccines have proven through rigorous trials to be very safe and very effective and are not experimental.. 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. Camp Lejeune residents now have the opportunity to claim compensation for harm suffered from contaminated water. The argument that employers cant require Covid-19 vaccinations is based on rules related to the U.S. Food and Drug Administrations sped-up procedure for authorizing medical products during a public health emergency. Read our Newswire Disclaimer. However, 2021 brought other important, non-COVID-19 developments. She currently leads the firms California Class and Private Attorneys General Act (PAGA) resource group. 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. Class action challenges. In June 2021, Honeywell held a contest in which workers who disclosed that they had received the COVID-19 vaccine could enter a drawing to win prizes, including a $5,000 cash prize, the suit says. Those rules contain a section that refers to such products as unapproved and states individuals have an option to refuse them. So far, more than 450 complaints have been filed challenging various COVID-19 vaccine mandates, and about 60 of those complaints have been brought as putative. The content and links on www.NatLawReview.comare intended for general information purposes only. "We are going to be filing a class-action lawsuit, we received dozens . I can tell you that were a matter before the courts, we would not be able to comment, but again, in this case, we are unaware of any lawsuit to comment on, City of Guelph strategic communications manager Laura Mousseau said. Montreal police are searching for a suspect who robbed a Rivire-des-Prairies business while about 20 people were inside. "Even though their personal circumstances may factually differ in small ways, the threat is the sameget the jab or lose your job," wrote O'Connor, an appointee of former President George W. Bush, the Associated Press reported. Two people and some animals died Friday night in an apparent carbon monoxide incident. ClassAction.org is a group of online professionals (designers, developers and writers) with years of experience in the legal industry. 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. 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. The DOD said it would comply with the law and continue to promote and encourage COVID-19 vaccination for all Service members. Those who didnt get the shots due to religious, administrative or medical reasons wouldnt face discharge, according to the DOD memo. Getting regular, uninterrupted sleep might help those who are trying to lose weight, according to a new study. Courts have thrown out about a quarter of the lawsuits raising solely religious objections, while one has settled and the rest are pending. New statistics from the Ottawa Real Estate Board shows the average sale price for a new home in Ottawa in February was $708,968, down 15 per cent from 2022. This browser does not support PDFs. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. BREAKING DOWN THE PRIVACY ACT REVIEW REPORT #3: Removal of The Small White House Releases National Cybersecurity Strategy, Illinois High Court Rules Per-Scan Damages Can Be Awarded Under BIPA, Grassley-Wyden Bill Aims to Fix Broken Tax Whistleblower Law, Lessons Learned From 2022s Trade Secret Verdicts, Mass. The Delta and Omicron variants, the volatile politics of vaccines and masks and testing, serious worker shortages, and the patchwork of ever-changing laws and regulations have created an environment fraught with risk of classwide liability. This browser does not support PDFs. Courts reviewing religious objections are required to balance workers faith-based concerns against employers costs for granting the request. 660. This is another case of the squeaky wheel getting the grease, Field said. 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. Inchoate religious beliefs are legally protected, in the sense that the law does not look to an authority to determine whether the religious beliefs are accurate, only whether they are sincere, said Nathan Chapman, a law professor at the University of Georgia whos written about religious accommodation cases. Honeywell, at the same time, singl[ed]out these employees in order to publicly shame them and in order to segregate them based upon their perceived disability status, the plaintiffs allege. The 17-page case alleges the former employees were subjected to "discriminatory policies that substantially burdened their ability to exercise religious freedom by announcing, dictating . Mia has defended a David R. Golder is a Principal in the Hartford, Connecticut, office of Jackson Lewis P.C. 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. On Jan. 10, the DOD officially rescinded its Aug. 24, 2021, and Nov. 30, 2021, memoranda mandating that all members of the U.S. military, including the National Guard and Ready Reserves, take the emergency use authorization COVID-19 shots or face discharge and other disciplinary measures. The lawsuit, filed by six . Benny is a 200 pound Leonberger with a very calm, gentle demeanour. A skin lesion removed from U.S. President Joe Biden's chest last month was a basal cell carcinoma -- a common form of skin cancer -- his doctor said Friday, adding that no further treatment was required. Its common to hear the squeaky wheel, and its drowning out all the other smooth functioning wheels, when in fact its just one wheel.. The workers suing Houston Methodist, the Los Angeles Unified School District, a sheriffs department in North Carolina, and a detention center in New Mexico all say the vaccines cannot be mandatory because theyre only authorized for emergency use. Everyone Practices Cancel Culture | Opinion, Deplatforming Free Speech is Dangerous | Opinion. 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. Michigan PFAS Challenge Arguments Briefed For The Court. Employers Beware: Non-Disparagement and Confidentiality Covenants in Consultation Paper On Review of Corporate Governance Norms For A High Californias War On The Fast-Food Industry Continues. On Friday evening, East Tennessee District . Horatio Mihet, the chief litigation counsel of Liberty Counsel and lead attorney for the Jane Does in the case, said in a statement that he was very pleased with "historic" settlement. Tyson Foods Inc., Bristol Myers Squibb Co., Hawaiian Airlines, and the Washington Nationals Baseball Club LLC are among the companies hit with lawsuits, according to a Bloomberg Law review of federal court dockets. A man who was the subject on an emergency alert in Cole Harbour, N.S., Thursday night has died, according to police. 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. 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. NorthShore has also agreed to revise its staff vaccination policy and "maintain a step-by-step review process for requests for religious exemptions and accommodations.". Text. College students and parents of K-12 children have sued to enjoin mandates implemented by universities and by local school districts. 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. Lawyers for the teachers and staff allege in court papers that the vaccination policy was changed a day after they filed suit. Liberty Counsel says its not confident that the DOD wont end all retaliation against service members who filed RARs in light of actions taken against service members its described as cruel and unusual punishment, causing some to commit suicide. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. "It Ain't Over 'Til It's Over" - Use Of A PTO Introduces Trademark Decisions and Proceedings Search Tool, FDA Issues Draft Guidance on Labeling of Plant-Based Milk Alternatives, Government Wins $43 Million Verdict in False Claims Act Case, BETO Will Host March 23 Listening Session on Next Billion-Ton Report. The three other cases are pending. Before commenting, please review our comment policy. The most widespread exception to that reluctance has been in higher education. But the threat of lawsuits against employer mandates premised on the vaccines emergency authorization has given skittish human resource and legal departments an excuse to forgo workplace inoculation requirements, Bagley said. On Jan. 10, the DOD officially rescinded its Aug. 24, 2021, and Nov. 30, 2021, memoranda mandating that all members of the U.S. military, including the National Guard and Ready Reserves, take the emergency use authorization COVID-19 shots or face discharge and other disciplinary measures.

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