News & Analysis as of

Preliminary Injunctions State and Local Government

Bass, Berry & Sims PLC

New Title IX Regulations Halted in Additional States and at Hundreds of Institutions as Department of Education Continues to...

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With the August 1, 2024, effective date of the Department of Education’s April Title IX regulations (Final Rule) just weeks away, court action in pending lawsuits challenging the Final Rule across the country continues. The...more

Bass, Berry & Sims PLC

Title IX Regulations Enjoined in Four More States as Department of Education Appeals Earlier Injunctions

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On July 2, Judge John Broomes of the U.S. District Court for the District of Kansas handed down yet another preliminary injunction blocking the Title IX regulations issued in April, following on the heels of similar orders...more

Bass, Berry & Sims PLC

Title IX Regulations Enjoined in Six More States

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On June 17, Chief Judge Danny Reeves of the Eastern District of Kentucky issued a preliminary injunction staying the effective date, and enjoining enforcement, of the new Title IX regulations in the states of Indiana,...more

Foley Hoag LLP - Cannabis and the Law

Litigation Update: Maryland District Court Finds that ‘Dormant Commerce Clause’ Does not Apply to Adult-Use Cannabis in Maryland,...

We have an update about the recent lawsuit challenging the constitutionality of the Maryland Cannabis Administration’s (MCA’s) Social Equity Program. To recap, on January 26, 2024, a California-based attorney filed suit...more

King & Spalding

Florida Magistrate Judge Rules Against Florida’s Efforts to Prohibit CMS from Enforcing an Informational Bulletin on Health...

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On January 29, 2023, a Florida Magistrate Judge recommended denying the State of Florida’s Motion for Preliminary Injunction and granting CMS’s Motion to Dismiss in connection with the implementation and enforcement of its...more

Jones Day

Pennsylvania Court Strikes Down Participation in the Regional Greenhouse Gas Initiative

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On November 1, 2023, the Pennsylvania Commonwealth Court held that the rulemaking entering Pennsylvania into the Regional Greenhouse Gas Initiative ("RGGI") violated the state constitution. The decision upends regulatory...more

Schwabe, Williamson & Wyatt PC

Bruckner Lawsuit Dismissed and Denied Motion for a Preliminary Injunction ‎

As we have detailed before, Christian Bruckner and his company, Project Management Corporation, sued the federal government in Florida claiming that the Infrastructure Investment and Jobs Act’s earmarked 10%—of its...more

Foley Hoag LLP - Cannabis and the Law

New York Regulator Sued by Medical Operators

The only guarantees in life are death, taxes, and cannabis lawsuits, and New York is no different. In a cannabis marketplace plagued by fits and starts, the New York Cannabis Control Board (“CCB”) Office of Cannabis...more

Shutts & Bowen LLP

Florida Preliminary Injunctions Must Merely Preserve the Status Quo

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In a recent case, Florida’s Second District Court of Appeal offered a reminder that the fundamental—and limited—purpose of a preliminary injunction is to maintain the status quo....more

Sheppard Mullin Richter & Hampton LLP

Federal Judge in NY Issues Preliminary Injunction to Block Retail Cannabis Licenses on Constitutional Grounds

On November 10, 2022, in the matter Variscite NY One, Inc. v. State of New York, et al., the U.S. District Court for the Northern District of New York granted the plaintiff’s a motion for a preliminary injunction against the...more

Perkins Coie

Cannabis Legal Report – September 2022

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Second Circuit Rules That Cannabis As a Schedule I Under CSA Is Constitutional - This August, the U.S. Court of Appeals for the Second Circuit affirmed a lower court’s ruling that the government’s classification of...more

Bass, Berry & Sims PLC

The Contractor Vaccine Mandate is Back?

On Friday, August 26, the Eleventh Circuit published the long-awaited decision in the government’s appeal of a nationwide injunction halting the COVID-19 vaccine mandate for government contractors and subcontractors. Although...more

Schwabe, Williamson & Wyatt PC

Buckner Position for Preliminary Injunction

As we discussed in a prior update, on July 13, 2022, Plaintiff Christian Buckner filed a lawsuit in the Federal District Court in Tampa, Florida, seeking to enjoin the Infrastructure Investment and Jobs Act’s set-aside of 10%...more

Bass, Berry & Sims PLC

District Court Enjoins EEOC and Department of Education Guidance Protecting LGBTQ Rights

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On July 15, the U.S. District Court for the Eastern District of Tennessee entered a preliminary injunction barring the Equal Employment Opportunity Commission (EEOC) and the Department of Education (ED) from enforcing...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

Bass, Berry & Sims PLC

Injunctions May Only Pause the Government Contractor Vaccine Mandate

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The U.S. District Court for the Eastern District of Kentucky's Nov. 30 injunction, in Kentucky v. Biden, prohibiting enforcement of the government contractor vaccine mandate against contractors and subcontractors in Kentucky,...more

Bass, Berry & Sims PLC

A Third Court Enjoins the Federal Contractor Vaccine Mandate

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On December 16, in the challenge filed by Louisiana, Mississippi, and Indiana to the federal contractor vaccine mandate, the Western District of Louisiana (WD of LA) granted the plaintiff’s motion for a preliminary injunction...more

McDermott Will & Emery

Federal Contractor COVID-19 Vaccine Mandate Clock is Ticking (Updated)

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UPDATE: On December 7, 2021, the US District Court for the Southern District of Georgia issued a nationwide injunction that blocks the federal government from enforcing the federal contractor and subcontractor vaccine...more

Bass, Berry & Sims PLC

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

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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

Sheppard Mullin Richter & Hampton LLP

What We Know And Don’t About The Federal Court Order Enjoining EO 14042

In news that will be of interest to every federal contractor, including large and small businesses, universities, banks, and the health care industry, Executive Order 14042 (along with the related Task Force Guidance and...more

Bass, Berry & Sims PLC

More Revisions to the Government Contractor Vaccine Mandate

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As expected, late on November 10 the Safer Federal Workforce Task Force revised its government contractor vaccine mandate Guidance to extend the deadline for covered contractor employees to get vaccinated. This revision...more

Jackson Lewis P.C.

AB 5 Past and Present – What You Need to Know

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At the end of 2020, it seemed the legislature, the courts, and even California voters wanted to move away from the independent contractor test codified in Assembly Bill 5 (AB 5). However, during 2021, the pendulum seems to...more

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

Federal Judge Blocks Enforcement of Tennessee’s Bathroom Signage Law

On July 9, 2021, a federal district court in Nashville, Tennessee, granted a preliminary injunction, halting enforcement of a new Tennessee law on bathroom signage. That law mandates that businesses post specific signs next...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

Perkins Coie

District Court Denies Preliminary Injunction Against Colorado’s Equal Pay Act

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On May 27, 2021, the U.S. District Court for the District of Colorado (court) denied Rocky Mountain Association of Recruiters’ (Rocky Mountain) motion for preliminary injunction. Rocky Mountain was seeking to prevent...more

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