News & Analysis as of

Stays Biden Administration Appeals

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

Supreme Court Reverses Lower Court Order Pausing Termination of CHNV Parole Program

On May 30, 2025, the Supreme Court of the United States issued an order granting the Trump administration’s application to stay a lower court order temporarily halting the rescission of the Cuba, Haiti, Nicaragua, and...more

Farella Braun + Martel LLP

EPA Continues Reassessment of its 2024 Designation of PFOA and PFOS as CERCLA Hazardous Substances

The EPA is continuing to reevaluate whether to change its position regarding the Biden administration’s 2024 listing of PFOA and PFOS as hazardous substances under CERCLA....more

Kilpatrick

DOL Obtains Further Extension to Decide Whether to Fight for the Fiduciary Rule

Kilpatrick on

In a motion filed on April 14, 2025, the Department of Labor requested that the 5th Circuit Court of Appeals grant it an additional 60-day delay to decide its next steps with respect to its appeals of two July 2024 decisions...more

Fox Rothschild LLP

EPA Requests Additional 30-Day Abeyance in PFAS Drinking Water Rule Litigation

Fox Rothschild LLP on

On April 8, 2025, the U.S. Environmental Protection Agency (EPA) requested the U.S. Court of Appeals for the D.C. Circuit extend the abeyance in the challenge to EPA’s Final Rule establishing PFAS MCLs. The petitioners and...more

Constangy, Brooks, Smith & Prophete, LLP

Out again: Court pauses order that prevented removal of NLRB’s Gwynne Wilcox

The termination of NLRB Member Gwynne Wilcox is back in place, at least for the time being. Earlier this month, Judge Beryl A. Howell issued an injunction that blocked President Trump and Marvin Kaplan, Chairman of the...more

Schwabe, Williamson & Wyatt PC

Oral Argument on Federal Contractor Vaccine Mandate and Potential Impact of Supreme Court ‎Decisions

Oral Argument Scheduled for April 8 on Federal Contractor Vaccine Mandate Injunction - Oral argument on the United States’ appeal of the nationwide injunction against President Biden’s federal contractor vaccine mandate is...more

Fisher Phillips

Federal Appeals Court Reinstates OSHA’s Vaccine Mandate-or-Test ETS: An Employers’ 5-Step Compliance Plan

Fisher Phillips on

In one of the more shocking developments in a year full of surprises, a federal appeals court breathed new life into the Biden administration’s mandate-or-test emergency vaccine rule with a stunning Friday afternoon decision....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

Steptoe & Johnson PLLC

U.S. District Court Enjoins Vaccine Mandate for Federal Contractors in Kentucky, Ohio, and Tennessee

Steptoe & Johnson PLLC on

As educational institutions sort through the contradictory patchwork of legal requirements regarding COVID vaccine mandates that have emerged over the past year, a U.S. District Court in Kentucky added one more wrinkle. While...more

Bass, Berry & Sims PLC

DOJ Seeks Stay of KY, OH, and TN Injunction; Hearings Go Forward in Other Government Contractor Vaccine Mandate Cases

Bass, Berry & Sims PLC on

As we previously reported, on November 30, the District Court for the Eastern District of Kentucky (ED of KY) enjoined the government “from enforcing the vaccine mandate for federal contractors and subcontractors in all...more

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

Breaking News on the CMS Vaccination Rule: Less Than 24 Hours After Being Shelved in 10 States, the Rule Is Sidelined Nationwide

In a November 30, 2021, order, a federal judge sitting in Louisiana entered a nationwide preliminary injunction against the Biden administration’s Centers for Medicare and Medicaid Services’ (CMS) interim final rule entitled...more

Bradley Arant Boult Cummings LLP

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2021 Edition

Many of us are understandably anxious to put another tumultuous year of the pandemic behind us. But before we sit down at the table to fill our plates and bellies to overflowing to celebrate the holiday, we can all find some...more

Sheppard Mullin Richter & Hampton LLP

Challenged – OSHA’s Rule Mandating COVID Vaccinations or Weekly Testing for Employers Halted

On November 4, the Occupational Safety and Health Administration (OSHA) released its much-anticipated mandate-or-test workplace vaccine emergency rule (“the Rule”). The Rule requires employers with 100 or more employees to...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

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

Fifth Circuit Again Stays OSHA’s ETS...for Now

On November 12, 2021, a three-member panel of the United States Court of Appeals for the Fifth Circuit issued a sweeping order continuing its initial November 6, 2021, stay of the emergency temporary standard (ETS) that the...more

Smith Anderson

Preparing for OSHA’s COVID-19 Vaccine or Testing ETS for Large Employers

Smith Anderson on

On November 5, 2021, the federal Department of Labor’s Occupational Safety and Health Administration (OSHA) published its "COVID-19 Vaccination and Testing, Emergency Temporary Standard" (ETS) for employers with 100 or more...more

Miles & Stockbridge P.C.

OSHA Issues ETS for COVID-19 Vaccine Mandate

Miles & Stockbridge P.C. on

After much anticipation, on November 4, 2021, the Occupational Safety and Health Administration (OSHA), issued its long-awaited Emergency Temporary Standard (ETS), requiring mandatory COVID-19 vaccination or weekly testing...more

Steptoe & Johnson PLLC

OSHA Issues Mandatory Vaccination and Testing Standard, But One Federal Court of Appeals Has Already Issued a Stay

Steptoe & Johnson PLLC on

The Occupational Safety and Health Administration (“OSHA”) published on November 5, 2021, its emergency temporary standard (“ETS”) requiring most private employers with 100 or more employees to establish, implement, and...more

Ervin Cohen & Jessup LLP

Update: Federal Court Halts OSHA Vaccine Requirement 

This weekend a federal court in Louisiana issued a temporary stay effectively stopping enforcement of the Occupational Safety and Health Administration’s Emergency Temporary Standard requiring vaccination or weekly testing...more

Dorsey & Whitney LLP

CMS’ COVID-19 Vaccine Mandate: What Health Care Providers Need to Know

Dorsey & Whitney LLP on

Last week, the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health Administration (OSHA) published their much-anticipated rules mandating COVID-19 vaccinations. ...more

WilmerHale

OSHA Publishes COVID19 "Vaccine or Test" Mandate for Employers

WilmerHale on

On November 5th, 2021, the federal Occupational Safety and Health Administration (OSHA) issued an emergency regulation that assigns US employers a central role in the Biden Administration’s COVID-19 pandemic response. Several...more

Mintz - Employment Viewpoints

OSHA Vaccine Rule Temporarily Blocked By Federal Appeals Court

A Federal appeals court has temporarily blocked OSHA’s vaccine rule. Citing to potential “grave statutory and constitutional issues” with the rule, the 5th Circuit promised an expedited judicial review of whether to block it...more

Holland & Knight LLP

Fifth Circuit Stays OSHA's Emergency Temporary Standard on COVID-19 Vaccination and Testing

Holland & Knight LLP on

On Nov. 6, 2021, the U.S. Court of Appeals for the Fifth Circuit temporarily stayed the Occupational Safety and Health Administration's (OSHA) emergency temporary standard (ETS) on COVID-19 vaccination and testing. The Fifth...more

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

Court of Appeals Stays OSHA’s Emergency Temporary Standard

On November 6, 2021, the United States Court of Appeals for the Fifth Circuit granted a stay of the Emergency Temporary Standard issued this week by the Occupational Safety and Health Administration. The ETS would require...more

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