News & Analysis as of

State and Local Government Appeals Coronavirus/COVID-19

Faegre Drinker Biddle & Reath LLP

Tenth Circuit Finds That Invitations to Town Halls Regarding Covid-19 Triggered the TCPA’s Emergency Purposes Exception; Declines...

In a case analyzing whether invitations to town hall meetings regarding COVID-19 were exempted from liability by the TCPA’s emergency purposes exception, the Tenth Circuit declined to address whether a municipality is a...more

Otten Johnson Robinson Neff + Ragonetti PC

Businesses Shuttered by COVID-19 Lockdowns Seek Supreme Court’s Revision of Modern Takings Law

Is a business temporarily closed by order of the government entitled to compensation? Two groups of plaintiffs have petitioned the U.S. Supreme Court hoping not just for a “yes” but an overhaul of a half-century of regulatory...more

Harris Beach Murtha PLLC

California Holds Employers Have No Duty to Protect Employees’ Households from COVID-19

The California Supreme Court has answered in the negative the Ninth Circuit Court of Appeals’ certified question regarding “take-home” COVID-19 exposure (see Federal Appeals Court Asks California If Covid-19 “Take Home” Suits...more

Sheppard Mullin Richter & Hampton LLP

California Court of Appeal Clarifies Employer’s Obligation to Reimburse Expenses Depends on Whether They Were a Direct Consequence...

On July 11, 2023, the California Court of Appeal in Thai v. IBM held that whether an employer is obligated to reimburse expenses incurred by an employee working from home turns on whether the expenses were a direct...more

Sheppard Mullin Richter & Hampton LLP

Just When You Thought It Was Safe To Go Back In The Water . . . The 11th Circuit Revives Executive Order 14042

With apologies to Jaws II, just when you thought it was safe, the U.S. Court of Appeals for the 11th Circuit has released a shark back into the EO 14042 waters. On Friday, August 26, the 11th Circuit published a 66-page...more

Steptoe & Johnson PLLC

Claimant Denied Pennsylvania Unemployment Benefits for Walking Off Job Without Voicing COVID-19 Concerns

Steptoe & Johnson PLLC on

Fear of COVID-19 was not a valid reason for walking off the job, according to the Commonwealth Court of Pennsylvania’s recent decision. Shortly after the lockdown orders were issued by Gov. Tom Wolf in March 2020, a Certified...more

Steptoe & Johnson PLLC

Fourth Circuit Upholds Dismissal of Insurance Claim for Pandemic Related Business Losses

Steptoe & Johnson PLLC on

In a published decision filed March 7, 2022, the U.S. Court of Appeals for the Fourth Circuit in Uncork and Create LLC v. The Cincinnati Insurance Company, affirmed the U.S. District Court for the Southern District of West...more

Butler Snow LLP

The Fifth Circuit Court of Appeals Just Slammed the Door on Texas Businesses Seeking Insurance Coverage for Lost Revenue Due to...

Butler Snow LLP on

In a pair of opinions issued last month, the Fifth Circuit Court of Appeals held that Texas businesses’ COVID-19 related income loss was not covered by standard business income and extra expense (“BI/EE”) endorsement in...more

Buckingham, Doolittle & Burroughs, LLC

OSHA ETS in effect; Fifth Circuit stay dissolved

On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay that blocked OSHA from enforcing its vaccine or testing mandate. The OSHA ETS is once again in effect unless the United States Supreme Court agrees...more

Schwabe, Williamson & Wyatt PC

Nationwide Injunction Against Federal Contractor Vaccine Mandate ‎

On Tuesday, December 7, 2021, in The State of Georgia, et. al. v. Biden, et. al., Case No. 1:21-cv-163, a federal district court judge in the United States District Court for the Southern District of Georgia issued a...more

Bass, Berry & Sims PLC

Georgia District Court Enjoins Government Contractor Vaccine Mandate Nationwide

Bass, Berry & Sims PLC on

On December 6, we noted on this blog post that because the injunction issued by the District Court for the Eastern District of Kentucky on November 30 prohibiting the government from enforcing the government contractor...more

Schwabe, Williamson & Wyatt PC

Implementation of OSHA’s 11/5/2021 Emergency Temporary Standard Stayed by Fifth Circuit Court of Appeals

On Friday, November 12, 2021, in BST Holdings, L.L.C., et. al. vs. Occupational Health and Safety Administration, et. al., Case: 21-60845, the Fifth Circuit Court of Appeals granted the plaintiffs’ motion to stay...more

Snell & Wilmer

Sixth Circuit Wins ETS Lottery and OSHA Suspends ETS-Related Activities

Snell & Wilmer on

Yesterday, November 16, the U.S. Judicial Panel on Multidistrict Litigation (the “Panel”) held a lottery to select the federal appeals court to address the 34 petitions seeking review of the COVID-19 Vaccination and Testing...more

Steptoe & Johnson PLLC

UPDATE: Sixth Circuit Will Hear Legal Challenges to OSHA’s Mandatory Vaccination and Testing Standard

Steptoe & Johnson PLLC on

On November 5, 2021, OSHA published its Emergency Temporary Standard (“ETS”), requiring private employers with 100 or more employees to establish, implement, and enforce a written mandatory vaccination or testing policy. ...more

Butler Snow LLP

Alabama Enacts Legislation That Restricts COVID-19 Vaccine Mandates

Butler Snow LLP on

Alabama has joined an ever-increasing number of states that have passed laws aimed at countering the federal government’s COVID-19 vaccination mandate. Alabama Senate Bill 9 restricts Alabama employers from requiring COVID-19...more

Butler Snow LLP

The OSHA ETS Saga Continues as the Fifth Circuit Continues its Stay of the ETS, OSHA Suspends Implementation of the ETS, and the...

Butler Snow LLP on

It has been a turbulent November for the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). On November 4, 2021, OSHA announced its long-awaited ETS requiring employers of 100 or more...more

Jackson Lewis P.C.

California Court Of Appeal Provides Potential Guidance For Right Of Recall Ordinances

Jackson Lewis P.C. on

Before 2020, the City of Santa Monica was one of a handful of cities that had a right of recall ordinance. However, since the beginning of the pandemic, many local governments enacted right to recall ordinances to return...more

Perkins Coie

The Ninth Circuit Clarifies When California Law Applies to Employees With Remote Workplaces

Perkins Coie on

Two recent decisions clarified the circumstances under which California law applies to remote workers. In Bernstein v. Virgin America, Inc., ___ F.3d ___, 2021 WL 686281 (9th Cir. 2021), the U.S. Court of Appeals for the...more

McDermott Will & Schulte

The Latest on Judge Albright’s January Trial

McDermott Will & Schulte on

Readers will recall our coverage of Judge Alan Albright’s re-transfer of an Austin patent case to Waco so that the court could hold a jury trial in January as scheduled. In that case, the defendant has sought mandamus from...more

McDermott Will & Schulte

In WDTex, the Fight Escalates: Federal Patent Trial Moved to Waco

Last week we told you about Judge Alan Albright’s determination to keep trying patent cases. He had a trial scheduled for January in Austin, where he had transferred the case pursuant to 28 U.S.C. § 1404 while leaving himself...more

Williams Mullen

Williams Mullen's COVID-19 Comeback Plan: Tips for Virginia Real Estate Assessment Appeals in a COVID-19 Environment

Williams Mullen on

Litigation partner Shane Smith gives tips for protecting and improving your real estate assessment appeal rights and options in Virginia....more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – April 2020

Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more

Womble Bond Dickinson

Navigating Development Approvals in the Midst of the COVID-19

Womble Bond Dickinson on

Considerations for Development Applicants: Part I – Best Practices for Interacting with Local Governments in a Virtual World By Aaron Frank and Amy O’Neal Digital permitting services, virtual neighborhood meetings, live...more

23 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide