News & Analysis as of

Appellate Courts Biden Administration

McGlinchey Stafford

SCOTUS: Choose the Right Venue in Clean Air Act Issues

McGlinchey Stafford on

On June 18th, the U.S. Supreme Court issued two rulings determining where challenges to Environmental Protection Agency (EPA) actions under the Clean Air Act must be filed. The Court held challenges to EPA actions that are...more

Jackson Lewis P.C.

Federal Contractors in Flux: Ninth Circuit Finds President Biden Can’t Mandate Minimum Wage Under EO 14026

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Ninth Circuit has vacated an Arizona federal court’s decision denying a request by several western states to enjoin President Joe Biden’s executive order increasing the minimum hourly wage...more

Jackson Lewis P.C.

DACA Case Update: Appeals Court’s Focus on Standing

Jackson Lewis P.C. on

Legal standing to sue is central to various state challenges to immigration policies. A party can only bring a lawsuit if they can demonstrate sufficient connection and harm from the challenged policy. The U.S. Supreme Court...more

McGlinchey Stafford

U.S. Court of Appeals Reverses EPA Decision on Small Refinery Biofuel Exemptions

McGlinchey Stafford on

On Friday, July 26, 2024, a federal appeals court overturned the Biden administration’s decision to reverse small refinery exemptions to the Renewable Fuel Standard (RFS). The U.S. Court of Appeals for the District of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Upholds Block of Federal Contractor COVID-19 Vaccine Mandate

On January 12, 2023, the U.S. Court of Appeals for the Sixth Circuit upheld most of a district court’s injunction blocking the federal contractor vaccine mandate in Kentucky, Ohio, and Tennessee. In its decision, the...more

Jackson Lewis P.C.

Biden Administration Clarifies That Government Will Not Enforce Federal Contractor COVID-19 Vaccine Mandate

Jackson Lewis P.C. on

In a statement on its website, the Safer Federal Workforce Task Force has indicated that, until further notice, the government will not enforce any part (not just the COVID-19 vaccine mandate portion) of Executive Order 14042...more

Parker Poe Adams & Bernstein LLP

OSHA's Vaccinate-or-Test Standard Is Delayed. What About Health Care Employers?

On November 12, the United States Court of Appeals for the Fifth Circuit issued an order staying the enforcement and implementation of the Occupational Safety and Health Administration’s vaccinate-or-test emergency temporary...more

Weintraub Tobin

Federal Circuit Set To Have First Vacancy In Six Years

Weintraub Tobin on

On March 16, 2021, U.S. Circuit Judge Evan J. Wallach for the Federal Circuit Court of Appeals announced he plans to take senior status on May 31, 2021. This semi-retirement is set to create the first vacancy at the Federal...more

Morrison & Foerster LLP - Federal Circuitry

50-50 Federal Circuit?

Well, that didn’t take long. As we noted in January, although the Federal Circuit had no vacancies during President Trump’s term, several judges were eligible or soon-to-be-eligible to create a vacancy for President Biden....more

Jackson Lewis P.C.

Biden DOL Proposes Withdrawal Of Former Administration’s Joint Employer And Independent Contractor Final Rules

Jackson Lewis P.C. on

On March 11, 2021, the U.S. Department of Labor (DOL) issued Notices of Proposed Rulemaking (NPRMs) to withdraw the Joint Employer and Independent Contractor Final Rules published during the previous administration...more

Jackson Lewis P.C.

Top Five Labor Law Developments For February 2021

Jackson Lewis P.C. on

1. On February 4, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act. The sponsors described the bill as comprehensive labor legislation aimed at bolstering workers’ collective bargaining...more

Constangy, Brooks, Smith & Prophete, LLP

Public Charge Rule Is Still In Effect . . . But For How Much Longer?

This is an update to what we reported in December on the status of the “Public Charge Rule.” The rule remains in effect, but it is likely to either be rescinded by the Biden Administration or enjoined by a court. In the...more

Morrison & Foerster LLP - Federal Circuitry

There’s a new President. How could that affect practice in the Circuit?

What could the new President mean for Federal Circuit practitioners? It could mean new judges. While no vacancies arose during President Trump’s term, five of the Circuit’s active judges can take senior status at any time,...more

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