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Preemption Constitutional Challenges

WilmerHale

Texas Claim of Immigration Invasion Buckles Under Constitution

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Is Texas at “war”? And, if so, may Texas take immigration enforcement into its own hands in “self-defense”? These are among the provocative questions raised by United States v. Texas . Texas may not like the answers it’s...more

Holland & Knight LLP

Update on Florida Law Limiting Persons from "Foreign Countries of Concern"

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Florida enacted Senate Bill (SB) 264 in May 2023, creating Chapter 692, Florida Statutes (the Act), to limit select persons from "foreign countries of concern" from owning, having a controlling interest in or acquiring an...more

Littler

Preliminary Injunction Against Illinois Equivalent Benefits Law for Temporary Workers

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In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against...more

Troutman Pepper

California DFPI Wins Big: Federal District Court Holds Commercial Financing Disclosure Regulations Do Not Violate First Amendment...

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On December 4, a federal district court for the Central District of California granted summary judgment in favor of the Commissioner of the California Department of Financial Protection and Innovation (DFPI) finding that...more

Troutman Pepper

Legal Cannabis on Trial: Federal Preemption and Connecticut’s Cannabis Challenge

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On August 9, a lawsuit was filed in Connecticut that aims to stop all legal cannabis activity in the state and declare the state’s 2021 legalization framework as unconstitutional. The complaint, filed by a local homeowners...more

Littler

Texas District Court Declares State Preemption Law Unconstitutional. What Now?

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The legal battle continues between large cities and the State of Texas over state attempts to nullify local enactments on employment and other matters that exceed or conflict with state law....more

Troutman Pepper

Ninth Circuit Rejects Constitutional Challenge to Nevada Medical Debt Legislation; Also Finds Legislation Not Preempted by FDCPA...

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Last week, the Ninth Circuit Court of Appeals affirmed a lower court’s denial of preliminary injunctive relief to plaintiffs challenging Nevada Senate Bill 248 (S.B. 248), which places new restrictions on the collection of...more

Ballard Spahr LLP

Ninth Circuit affirms district court’s denial of preliminary injunction to block enforcement of Nevada medical debt collection law

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The U.S. Court of Appeals for the Ninth Circuit, in a 2-1 decision, recently affirmed the district court’s decision denying the plaintiffs’ motion for a temporary restraining order and preliminary injunction to block...more

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

Montana’s Vaccination Discrimination Law: Federal Court Blocks Enforcement

On December 9, 2022, a federal judge in Montana permanently blocked enforcement in healthcare settings of a first-in-the-nation law that had prohibited discrimination in employment and the provision of services based on...more

Goodwin

Florida’s Telephone Solicitation Act Survives First Constitutional Challenge

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Since becoming law in July 2021, Florida’s Telephone Solicitation Act (FTSA), Fla. Stat. § 501.059(8)(a), has been a favorite of plaintiffs’ lawyers seeking to take advantage of its ambiguous restrictions on certain sales...more

Woods Rogers

U.S. Virgin Islands Open Registry – Ultra Vires and Unconstitutional

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This month, the Governor of the U.S. Virgin Islands (“U.S.V.I.”), Albert Bryan Jr., signed an agreement with the Northeast Maritime Institute, a “Private Maritime College,” to establish the first open vessel registry in the...more

Lowndes

CMS Vaccine Rule Stands: Providers Caught Between Federal Mandate and Florida Restrictions

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Late last week, the U.S. Supreme Court lifted the stay of the healthcare worker vaccination mandate (CMS Rule) in 24 states where the CMS Rule had been stayed. The CMS Rule, issued by the Centers for Medicare & Medicaid ...more

Holland & Knight LLP

U.S. Supreme Court Stays OSHA Vaccine Mandate, But Allows Enforcement of CMS Vaccine Mandate

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The U.S. Supreme Court today reached split decisions on the so-called vaccination mandates issued, respectively, by the Occupational Safety and Health Administration (OSHA) and the Centers for Medicare & Medicaid Services...more

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

SCOTUS Narrowly Allows CMS Vaccine Mandate to Survive; Preemption Battles to Ensue

On December 7, 2021, the Supreme Court of the United States heard oral argument on the cases challenging both the secretary of Health and Human Services’ interim final rule and the secretary of Labor’s emergency temporary...more

Winstead PC

The Federal Government Vaccine Mandate’s Impact on Colleges and Universities

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The Biden administration on Nov. 4 released a Fact Sheet announcing the details of its Occupational Safety and Health Administration (OSHA) and Center for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandates. ...more

Littler

Additional Pushback from Certain States on Governmental and Private Employer Vaccine Mandates

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Certain states are continuing to prohibit or severely curb the ability of private employers to mandate that employees be vaccinated against COVID-19. In just 10 days since our most recent update, several additional states...more

Lowndes

Employers in Limbo—OSHA Suspends Vaccination Rule After Fifth Circuit Ruling as Florida Limits Mandates

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On November 12, 2021, the Fifth Circuit Court of Appeals issued its second stay against OSHA’s emergency temporary standard (ETS) requiring large private employers to “vaccinate or test” their employees (a summary of ETS)....more

Latham & Watkins LLP

California and Key Stakeholders Join Warehouse Regulation Lawsuit

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The State and NGOs seek to defend an emissions rule that trucking and airline trade groups are challenging in federal court. On October 13, 2021, the State of California, on behalf of the Office of the Attorney General...more

Dorsey & Whitney LLP

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

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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

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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

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

New Arizona Law on Union Benefits and Financial Disclosure Obligations Set to Take Effect

In May 2021, the Arizona Legislature passed and Governor Doug Ducey signed Senate Bill (SB) 1268, which imposes stricter reporting requirements on private-sector labor unions by requiring “similar fiduciary guidelines as...more

Holland & Knight LLP

Food and Beverage Law Update: July 2021

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"The overwhelming majority of courts have concluded that neither COVID-19 nor the governmental orders associated with it cause or constitute property loss or damage for purposes of insurance coverage." So concluded the...more

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

Texas Court Upholds San Antonio’s Sick and Safe Leave Ordinance Injunction

On March 10, 2021, the Texas Fourth Court of Appeals affirmed the District Court of Bexar County’s entry of a temporary injunction preventing the City of San Antonio’s sick and safe leave ordinance from taking effect. The...more

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

Long Beach ‘Hero Pay’ Ordinance Survives Preliminary Injunction

On February 25, 2021, the U.S. District Court for the Central District of California denied a motion for preliminary injunction brought by the California Grocers Association (CGA) against the City of Long Beach. In California...more

Troutman Pepper

National Apartment Association Claims Nationwide Foreclosure Freeze Is Unconstitutional

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A recently filed lawsuit places renewed scrutiny on the constitutionality of the nationwide residential eviction freeze put in place by the Centers for Disease Control and Prevention (“CDC”) in response to the ongoing...more

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