News & Analysis as of

Appeals Motion To Stay

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

DOL Appeals EEO-1 FOIA Ruling to Ninth Circuit Court of Appeals

On February 15, 2024, the U.S. Department of Labor (DOL) filed a notice of appeal to the Ninth Circuit Court of Appeals, seeking review of a district court ruling that ordered the DOL to release federal contractors’ 2016–2020...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Interstate Transport/Ozone: Eighth Circuit Court of Appeals Grants Arkansas's Motion to Stay the U.S. Environmental Protection...

The United States Court of Appeals, Eighth Circuit (“Eighth Circuit”) issued an order on May 25th granting the State of Arkansas’s Motion to Stay the United States Environmental Protection Agency’s (“EPA”) Arkansas State...more

McDermott Will & Emery

Tri-Agencies Address Preventive Services Coverage in the Wake of Braidwood

McDermott Will & Emery on

In response to Braidwood Mgmt. Inc. v. Becerra, a recent case striking down part of the Affordable Care Act (ACA) preventive services mandate, the US Departments of Labor, Health and Human Services, and the Treasury...more

Faegre Drinker Biddle & Reath LLP

Louisiana Secures Temporary Injunction in Connection with the SHIP Rehabilitation Plan

Senior Health Insurance Company of Pennsylvania (“SHIP”) was placed in rehabilitation in Pennsylvania in January 2020. On August 24, 2021, the Commonwealth Court of Pennsylvania approved the Rehabilitation Plan (the “Plan”),...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Refuses to Lift Stay on Federal Contractor Vaccination Mandate

Last week, the Sixth Circuit Court of Appeals denied the Biden administration’s motion to stay a lower court’s injunction against a COVID-19 vaccination mandate applicable to employees of federal contractors and...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

McDermott Will & Emery

Sixth Circuit: It’s a Go on Plaintiff’s Claims Despite Arbitration Clause

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The US Court of Appeals for the Sixth Circuit affirmed in part a district court’s grant of a stay pending arbitration, finding that as non-parties to the underlying arbitration agreement, defendants could not stay the...more

Bennett Jones LLP

Other Notable Cases and Developments in 2020

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Clarity on the Enforcement of Settlements In 3113736 Canada Ltd. v Cozy Corner Bedding Inc., the Ontario Court of Appeal provided an answer about whether a class member is bound by a class action release even if the party did...more

McDermott Will & Emery

No Stay, But Please Fix

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit denied a motion to stay issuance of a mandate while a petition for certiorari regarding patentability under § 101 was pending before the Supreme Court of the United States,...more

Haug Partners LLP

Will the Newest American Axle Case Create a Panel-Dependent Body of Law or Provoke the Supreme Court to Take Action? How the...

Haug Partners LLP on

On October 23, 2020, in a remarkable order demonstrating how a “bitterly divided” Federal Circuit views post-Alice patent eligibility jurisprudence, the court denied the motion of American Axle & Manufacturing, Inc. (“AAM”)...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (October 19-23): Still More Axes to Grind in American Axle

Last week we discussed the first Federal Circuit case added to the Supreme Court’s docket this Term, and we wondered when we’d have the opportunity to discuss whatever cases might be next in the pipeline.  Lucky for us, that...more

McDonnell Boehnen Hulbert & Berghoff LLP

American Axle & Manufacturing, Inc. v. Neapco Holdings LLC (Fed. Cir. 2020)

Federal Circuit Refuses to Issue Stay in Mandate Pending Certiorari Decision - One of the most interesting (albeit troubling) decisions by the Federal Circuit in the past year or so was its decisions, by a panel and then...more

Morrison & Foerster LLP - Federal Circuitry

The Hail Mary: Seeking an Injunction or Stay Pending Appeal

At Federal Circuitry, sometimes we have simple ideas that prove not so simple. What we expect will be a few hours of data collection, number crunching, and analysis actually turns into far more work. This post is one of those...more

Bricker Graydon LLP

U.S. Supreme Court limits Nationwide Permit 12 injunction to Keystone XL pipeline

Bricker Graydon LLP on

On July 6, 2020, the U.S. Supreme Court granted in part and denied in part the U.S. Army Corps of Engineers’ application for stay of the order issued by the U.S. District Court of Montana....more

Fox Rothschild LLP

The Landscape Of Copyright Co-Ownership

Fox Rothschild LLP on

An update from Kevin Sandoval, one of the firm’s summer associates: What started as a copyright infringement claim against the California high school that inspired the television series “Glee” has developed into a conflict...more

Vedder Price

TCPA Turnstile: As we wait for a ruling in Barr, new case law abounds (TCPA Case Update Vol. 12)

Vedder Price on

Undoubtedly, the biggest TCPA development in the last month was the recent Supreme Court oral argument in Barr v. American Association of Political Consultants Inc., Case No. 19-631, which has the potential to upend TCPA...more

Foley Hoag LLP - Environmental Law

It’s Not Looking Good For Nationwide Permit 12

Yesterday, the 9th Circuit Court of Appeals refused the appellants’ request for a partial stay of the injunction recently issued against use of the Army Corps Nationwide Permit 12 for oil and gas pipeline projects...more

Dechert LLP

Mezzanine Foreclosures in the Time of Coronavirus

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A recent New York County Supreme Court decision has temporarily halted a mezzanine UCC foreclosure sale by granting the borrower’s request for a stay based on allegations that the terms of the mezzanine foreclosure were not...more

Spilman Thomas & Battle, PLLC

Challenges to Shutdown Orders Reach the U.S. Supreme Court

On April 27, 2020, a group of petitioners asked the Supreme Court of the United States to stay the enforcement of Pennsylvania Governor Tom Wolf’s March 19, 2020, executive order that closed many of the Commonwealth’s...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Republican National Committee v. Democratic National Committee

On April 6, 2020, the Supreme Court filed a per curiam order in a case related to Wisconsin’s spring elections scheduled for the following day, April 7, 2020. In that order, the Court granted a stay requested by the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Medicare and Medicaid Developments in Health Care Bankruptcies

In 2019, the increased wave of distressed health care companies continued, and with downward pressure on reimbursement rates, regulatory changes, decreased occupancy rates and technological advances, this trend is unlikely to...more

Farrell Fritz, P.C.

Supreme Court, Suffolk County Upholds ZBA Determination Authorizing a Change In Nonconforming Use

Farrell Fritz, P.C. on

The Supreme Court, Suffolk County recently upheld a determination of the Southampton Town Zoning Board of Appeals (“ZBA”) perhaps ending a lengthy and controversial review of the development of a day camp on residentially...more

King & Spalding

Eleventh Circuit Denies Preliminary Injunction for New National Liver Transplant Allocation Policy

King & Spalding on

On September 25, 2019, the United States Court of Appeals for the Eleventh Circuit affirmed a lower court’s decision to deny a motion for a preliminary injunction to stay the implementation of the new policy for allocating...more

Neal, Gerber & Eisenberg LLP

Illinois Appellate Court Holds Insurer Did Not Waive Right to Arbitrate Despite Years-long Delay in Pursuing ADR

In Caterpillar, Inc. v. Century Indem. Co., et al., 2019 IL App (3d) 190032, the Illinois Appellate Court, Third District, issued an opinion that highlights the need for parties to carefully consider alternate dispute...more

Fox Rothschild LLP

Judge Noreika Stays Patent Infringement Action Pending Resolution Of Plaintiff’s Appeal Of The PTAB’s Final Written Decision In...

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By Memorandum Order entered by The Honorable Maryellen Noreika in Agrofresh Inc. v. Essentiv LLC et al., Civil Action No. 16-662-MN (D.Del. May 31, 2019), the Court granted the motion to stay of defendants pending resolution...more

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