News & Analysis as of

Preliminary Injunctions Lack of Authority Constitutional Challenges

Orrick, Herrington & Sutcliffe LLP

Fifth Circuit holds district court lacks jurisdiction to provide relief from FDIC enforcement

On August 25, the U.S. Court of Appeals for the 5th Circuit reversed and remanded a district court’s decision that granted injunctive relief in an FDIC enforcement action against a bank executive. The FDIC initiated the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Update: FTC’s Ban on Non-Compete Agreements Set Aside

On May 7, 2024, the Federal Trade Commission (FTC) issued a Final Rule that renders invalid non-compete clauses in standard employment agreements. 16 C.F.R. § 910. On August 20, 2024, the United States District Court for the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Arnall Golden Gregory LLP

Supreme Court Issues Split Decisions on Federal Vaccine Mandates

On January 13, 2022, the U.S. Supreme Court (“Court”) issued split decisions regarding Federal vaccine mandates issued by the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health...more

Saul Ewing LLP

What's Next for Employers After the SCOTUS' Decisions on the OSHA ETS Mandate and the CMS Rule?

Saul Ewing LLP on

What’s Next for Employers After SCOTUS’ Decisions on the OSHA ETS Mandate and the CMS Rule? On January 13, 2022, the U.S. Supreme Court reinstituted the stay of the federal vaccine or testing mandate, effectively killing...more

Venable LLP

Supreme Court Brings Clarity to Federal Vax Mandates?

Venable LLP on

Caption: On January 13, 2022, after hearing emergency oral arguments, the Supreme Court handed down decisions staying OSHA’s ETS and upholding the CMS Rule requiring healthcare workers to be fully vaccinated against...more

Bodman

Supreme Court Split Decision: Employer Vaccine-or-Test Rule Blocked; Health Care Vaccine Mandate Upheld

Bodman on

On January 13, 2022, the Supreme Court issued two decisions regarding requests to enjoin rules issued by federal agencies intended to increase vaccination rates....more

Harris Beach Murtha PLLC

U.S. Supreme Court Stays Enforcement of OSHA’s COVID-19 Vaccine-or-Test Mandate, while Upholding Vaccine Mandate for Healthcare...

On January 13, 2022, the U.S. Supreme Court issued an opinion in which it ordered a stay on the enforcement of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) pending disposition...more

Butler Snow LLP

Supreme Court Stays CMS-Vaccine Injunctions: What’s Next for Health Care Providers

Butler Snow LLP on

Jan. 19, 2022 - This article has been updated to reflect updated implementation dates in some states. On January 13, 2022, the Supreme Court issued dual decisions impacting the CMS (Centers for Medicare & Medicaid Services)...more

Nilan Johnson Lewis PA

Supreme Court Upholds CMS COVID Vaccine Mandate

Nilan Johnson Lewis PA on

Yesterday, the U.S. Supreme Court upheld the Centers for Medicare and Medicaid Services (CMS) vaccine mandate by a vote of 5 in favor and 4 dissenting....more

Burr & Forman

U.S. Supreme Court Dissolves Injunction of CMS Vaccine Rule

Burr & Forman on

On January 13, 2022, the United States Supreme Court, in a 5 to 4 vote, granted the government’s request to overturn the injunction on The Centers for Medicare and Medicaid (CMS) interim final rule requiring vaccinations of...more

Polsinelli

Supreme Court Keeps CMS Vaccine Requirement Alive Nationwide

Polsinelli on

Less than one week after hearing oral arguments, the U.S. Supreme Court has stayed injunctions against the Centers for Medicare & Medicaid Services (“CMS”) Omnibus COVID-19 Health Care Staff Vaccination Rule (“Vaccine...more

Littler

Federal Contractor and Subcontractor Vaccine Mandate Temporarily Enjoined in Kentucky, Ohio, and Tennessee

Littler on

On November 30, 2021, the U.S. District Court for the Eastern District of Kentucky issued an order granting a preliminary injunction to block the enforcement of the vaccine mandate for federal contractors and subcontractors...more

Polsinelli

Executive Order 14042’s Vaccine Mandate for Federal Government Contractors Enjoined in Tennessee, Ohio, and Kentucky

Polsinelli on

On November 30, 2021, the U.S. District Court for the Eastern District of Kentucky threw a wrench into the federal government’s efforts to enforce Executive Order 14042’s COVID-19 vaccination mandate against federal...more

Roetzel & Andress

Federal Court Enjoins CMS Regulation Banning Arbitration of Nursing Home Disputes

Roetzel & Andress on

The United States District Court for the Northern District of Mississippi issued a preliminary injunction barring the scheduled November 28, 2016, implementation of a Center for Medicare and Medicaid Services (“CMS”)...more

Laner Muchin, Ltd.

Although Presidential Election Creates Questions About FLSA Regulations, Employers Who Ignore December 1 Effective Date Do So At...

Laner Muchin, Ltd. on

Effective December 1, 2016, pursuant to new Fair Labor Standards Act (FLSA) regulations adopted by the U.S. Department of Labor (DOL), the salary threshold for many salaried exempt employees will increase substantially, from...more

Burr & Forman

Texas Judge Issues National Injunction Blocking FLSA Overtime Rules

Burr & Forman on

On November 22, 2016, Federal Judge Amos L. Mazzant, III, of the Eastern District of Texas, issued a national preliminary injunction blocking the Final Rule of the United States Department of Labor (“DOL”), that had amended...more

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