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Exempted Individuals Lack Standing to Sue for Vaccination Mandates

In the case of Martin v. Ohio Univ., 2023-Ohio-2511, an appellate court held that the students and employee could not sue the university for the university’s COVID-19 vaccination mandates when the students and employee had been given an exemption to the vaccination mandates.

In this case, the students and employee argued that the COVID-19 vaccination requirements went beyond the scope of the university’s authority. In response, the university argued that the students and employee lacked standing because all the individuals received an exemption for the vaccination requirements and did not attempt to receive an exemption to the mask mandate. The appellate court agreed with the university.

In support of its decision in favor of the university, the appellate court explained that the students and employee did not allege an injury they suffered due to the mandates. The appellate court further explained that receiving an exemption from the vaccination requirement meant that the students and employee lack a real controversy.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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