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Preliminary Injunctions Due Process

Lathrop GPM

Texas Federal District Court Issues Limited Preliminary Injunction as to FTC Noncompete Ban

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The U.S. District Court for the Northern District of Texas has granted a motion for preliminary injunction against the Federal Trade Commission (“FTC”), enjoining enforcement of the FTC’s nationwide noncompete ban for the...more

Husch Blackwell LLP

Utah Legislature Repeals and Replaces Utah Social Media Regulation Act

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Keypoint: The Utah legislature repealed and replaced the Utah Social Media Act in response to a lawsuit challenging the law on constitutional grounds. Prior to closing in early March, the Utah legislature passed two bills...more

Dorsey & Whitney LLP

The Supreme Court Update - January 18, 2024

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On Friday, January 12, the Supreme Court of the United States granted certiorari in five cases: Smith v. Spizzirri, No. 22-1218: This case involves the interpretation of Section 3 of the Federal Arbitration Act (“FAA”),...more

Ballard Spahr LLP

SDNY Court Finds Broad Fed Powers Over Master Accounts in Puerto Rican Bank Case Involving AML Concerns

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The United States District Court for the Southern District of New York (the “Court”) has issued a detailed and complicated Order in the case Banco San Juan Internacional, Inc. v. Fed. Reserve Bank of New York, denying a...more

Parker Poe Adams & Bernstein LLP

New Federal Court Decisions Continue Vaccine Mandate Debates

In our experience, most employers outside of the health care industry have largely lost interest in mandating COVID-19 vaccinations. Given the less lethal variants that cause most current infections, along with lowered rates...more

Rumberger | Kirk

Stranger Things Are Going On: Federal Judge Pulls Florida from First Amendment “Upside Down”

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Approved on April 22, 2022, and effective July 1, 2022, Governor DeSantis signed into law certain amendments to Florida’s Education Code and Florida’s Civil Rights Act. These amendments, officially known as House Bill 7 have...more

Bowditch & Dewey

The First Circuit Dismisses Former UMass Students’ Appeal Challenging Vaccine Policies as Moot

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On Thursday, August 4, 2022, the First Circuit Court of Appeals dismissed as moot an appeal that was brought by two former University of Massachusetts students claiming that the schools’ vaccine policies were unconstitutional...more

Littler

First Lawsuit Against Florida’s “Stop WOKE” Bill Filed

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As we reported previously, Governor DeSantis signed the “Stop WOKE” Act into law on Friday, April 22, 2022. Ten minutes later, five individuals, including three teachers, a student, and an individual consultant who provides...more

Pierce Atwood LLP

Due Process, Preliminary Injunctions, and Final Judgments

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The Court recently clarified an important issue of civil procedure – the precise point at which a court may consolidate a preliminary injunction hearing with a hearing on the merits....more

Proskauer Rose LLP

No Temporary Relief for NYC Hotels from Severance Law

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As previously discussed, the New York City Council passed a law at the end of last year requiring certain hotels in the City to pay eligible employees weekly severance payments for up to 30 weeks. There were swift legal...more

Zuckerman Spaeder LLP

Lawyer Discipline for Discriminatory Speech - A Pennsylvania Decision Raises Questions About Maryland Rule 19-308.4(e)

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A federal judge has held that Pennsylvania’s Rule 8.4(g),1 which subjects lawyers to professional discipline for engaging in discriminatory conduct, violates both the free speech clause of the First Amendment and the due...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

Tucker Arensberg, P.C.

Dissident Board Member Not Deprived of Civil Rights by Cold Shoulder of Majority

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Kathleen Wright Croft v. Donegal Township, 2021 WL 1110567 (W.D. Pa. 2021) (A township supervisor’s motion for a preliminary injunction against her fellow supervisors was denied upon finding that she was not deprived of...more

Tucker Arensberg, P.C.

A Recent Case Highlights Equal Protections In The American Rescue Plan Act

Tucker Arensberg, P.C. on

A case from the United States Court of Appeals for the Sixth Circuit highlights that, even in times of crisis like the COVID-19 pandemic, prioritizing federal grant money based on race and gender will likely violate the equal...more

Bilzin Sumberg

Industry Groups File Lawsuit Challenging Florida Social Media Law

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On May 24, 2021, Florida’s governor signed into law legislation prohibiting social media companies from blocking political candidates seeking to use those companies’ websites to communicate with the sites’ users. Almost...more

Tucker Arensberg, P.C.

Court Denies Injunction to Student Claiming Denial of Rights to Participate in Extracurricular Activity

Tucker Arensberg, P.C. on

T.W., a minor, through Waltman v. Southern Columbia Area School District (2020 WL 7027636) (M.D. Pa. 2020), Federal District Court for Middle District of Pennsylvania denies student’s and parents’ motion for preliminary...more

Farella Braun + Martel LLP

Pandemic Restriction Challenges Face Uphill Battle in California

On Dec.16, 2020, in Midway Venture LLC v. County of San Diego, the San Diego Superior Court preliminarily enjoined enforcement of two COVID-19-related California public health restrictions as applied to two adult...more

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

Race and Sex Stereotyping Executive Order Subject to Preliminary Injunction

Some anticipate that President-elect Joseph Biden will revoke the Trump administration’s Executive Order (EO) 13950 that restricts the content of certain diversity-related workplace trainings. On December 22, 2020, the United...more

Foley & Lardner LLP

Federal Court Issues Nationwide Order Enjoining Enforcement of Trump Executive Order on Diversity Training

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As previously reported, on September 22, 2020, President Trump issued Executive Order 13950 on Combating Race and Sex Stereotyping (Order), which barred federal agencies, federal contractors, and recipients of federal grants...more

Littler

Federal Court Issues Nationwide Injunction of Executive Order on Diversity and Inclusion Training

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On December 22, 2020, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction banning the enforcement of Executive Order 13950, which seeks to prohibit purported...more

DirectEmployers Association

Two Civil Rights Groups Sued The Trump Administration To Stop EO 13950

The National Urban League and the National Fair Housing Alliance, both which are covered federal Government contractors and federal grant recipients, filed suit in the federal District Court for the District of Columbia....more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 7, September 2020

U.S. Judge Halts Trump's TikTok Ban, Hours Before It was Set to Start - "John Hall, an attorney for TikTok, said that the app, with some 100 million American users, is a 'modern day version of the town square' and shutting...more

Holland & Knight LLP

Religious Institutions Update: December 2019 - Lex Est Sanctio Sancta

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Key Cases - School States Claim Against State Superintendent for Unconstitutional Discrimination In Bethel Ministries, Inc. v. Salmon, No. SAG-19-01853, 2019 WL 6034988 (D. Md. Nov. 14, 2019), the court denied Maryland...more

Perkins Coie

Delaware Bankruptcy Court Decision Strengthens Protections for Healthcare Providers in Bankruptcies

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In an August 2019 case argued by Perkins Coie attorneys, the U.S. Bankruptcy Court for the District of Delaware ruled that the automatic stay under section 362(a) of the Bankruptcy Code bars the Centers for Medicare &...more

Wilson Sonsini Goodrich & Rosati

Litigation & Dispute Resolution 2019 – Eighth Edition - U.S. Chapter

Efficiency and integrity of process – The American legal system. The American legal system, founded on notions of fairness and due process, is respected throughout the world for its ability to deliver predictable,...more

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