News & Analysis as of

En Banc Review Preliminary Injunctions

Orrick, Herrington & Sutcliffe LLP

Appellate court overturns lower court’s decision to bar CFPB layoffs and other changes

On August 15, the U.S. Court of Appeals for the District of Columbia Circuit vacated a district court’s preliminary injunction that prevented the CFPB from taking actions regarding its employment, contracts and facilities...more

Ward and Smith, P.A.

A Recent Fourth Circuit Opinion Signals a Potential Shift in Preliminary Injunction Analysis

Ward and Smith, P.A. on

In that case, the U.S. Court of Appeals for the Fourth Circuit vacated a district court’s preliminary injunction and outlined an analytical framework that could change how courts evaluate injunction requests going forward....more

Proskauer - Labor Relations Update

Launching into New Territory (Continued): SpaceX Wins Temporary Relief at Fifth Circuit

On May 2, 2024, the U.S. Court of Appeals for the Fifth Circuit, in Space Exploration Technologies Corp., v. NLRB, No. 24-40315 (5th Cir. 2024), granted SpaceX’s Emergency Motion for Injunction Pending Appeal, essentially...more

Holland & Hart LLP

EMTALA Exception to Idaho's Abortion Law Is in Effect for Now

Holland & Hart LLP on

At least for the foreseeable future, Idaho’s total abortion ban is unenforceable to the extent it conflicts with the federal Emergency Treatment and Active Labor Act (EMTALA). In other words, when EMTALA applies, a physician...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court - February 2022 #2

Adapt Pharma Operations Limited v. Teva Pharmaceuticals USA, Inc., Appeal No. 2020-2106 (Fed. Cir. Feb. 10, 2022) - In our Case of the Week, the Court of Appeals for the Federal Circuit, in both the majority opinion and...more

King & Spalding

Injunction Prohibiting CMS Enforcement of COVID-19 Vaccine Mandate for Healthcare Workers Partially Lifted, Potentially Opening...

King & Spalding on

On Wednesday, December 15, 2021, the Fifth Circuit Court of Appeals denied the federal government’s petition for a stay pending appeal of the preliminary injunction issued by a federal district court in Louisiana that...more

Proskauer - New Media & Technology

Circuit Court Denies LinkedIn’s Petition for En Banc Review of hiQ Scraping Decision

Last month, LinkedIn Corp. (“LinkedIn”) filed a petition for rehearing en banc of the Ninth Circuit’s blockbuster decision in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Sept. 9, 2019). The crucial question...more

Nossaman LLP

Garcia v. Google: Ninth Circuit En Banc Denies Actor’s Copyright Claim In Her Performance

Nossaman LLP on

This blog previously discussed the Ninth Circuit Court of Appeals opinion in Garcia v. Google, Inc., (9th Cir. 2014) 766 F.3d 929, reversing a decision of the district court. On Monday, the Ninth Circuit, en banc, in Garcia...more

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