Judge Robert R. Summerhays on Tuesday adopted a magistrate judge’s report recommending that the case move forward past the home health-care company’s motion to dismiss. In the November 2025 report, Magistrate Judge Carol B. Whitehurst said LHC’s tobacco penalty may violate legal requirements by giving workers only four months to enroll in and complete a quit-smoking program that could allow them to have the charges waived.
The judges, ...
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