News & Analysis as of

Administrative Procedure Act Preliminary Injunctions Government Agencies

Orrick, Herrington & Sutcliffe LLP

District court issues temporary restraining order to halt federal layoffs

On May 9, the U.S. District Court for the Northern District of California granted a temporary restraining order to halt the implementation of Executive Order 14210 (“Implementing the President’s ‘Department of Government...more

ArentFox Schiff

Recent Rulings Against Trump Administration Funding Freezes

ArentFox Schiff on

Shortly after taking office, President Trump froze funding already allocated to various parties, citing the Administration’s disapproval of issues including climate change and social equity. Additionally, executive agencies...more

Ballard Spahr LLP

DOJ lawyers, National Treasury Employees Union attorney square off in appeals court over CFPB firings

Ballard Spahr LLP on

Despite massive attempted layoffs and cancellation of third-party vendor contracts, the Trump Administration did not and does not intend to shut down the CFPB, a Justice Department attorney told a federal appeals court on...more

McDermott Will & Emery

The Employee Retention Credit: IRS’s “Risking” Model Faces Legal Challenge

McDermott Will & Emery on

Case: ERC Today LLC et al. v. John McInelly et al., No. 2:24-cv-03178 (D. Ariz.) In an April 2025 order, the US District Court for the District of Arizona denied a motion for a preliminary injunction filed by two tax...more

Cozen O'Connor

Democratic AGs Fight NIH Grant Funding Disruptions

Cozen O'Connor on

A group of 16 Democratic AGs, led by Massachusetts AG Andrea Joy Campbell, filed a lawsuit alleging that the National Institute of Health’s (NIH) delays in the review and approval of grant applications and terminations of...more

Epstein Becker & Green

Another Win for the Administration, at Least for Now - SCOTUS Today

The motions docket of the U.S. Supreme Court remains busy. Following the April 4 decision in Department of Education v. California—in which the Court, treating a temporary restraining order (TRO) as if it were a preliminary...more

Epstein Becker & Green

When is a TRO Treatable as a Preliminary Injunction? - SCOTUS Today

While not a decision on the merits, the U.S. Supreme Court’s opinion on April 4, 2025, in Department of Education v. California is worth considering....more

Orrick, Herrington & Sutcliffe LLP

U.S. District Court Blocks CFPB Shutdown; Trump Administration Seeks Immediate Stay

On Friday, March 28, U.S. District Judge Amy Berman Jackson took the “extraordinary step” of broadly enjoining the newly installed leadership of the CFPB from “eliminat[ing] the agency before the Court has the opportunity to...more

Holland & Knight LLP

Judicial Lifeline: Federal Court Temporarily Halts CFPB Changes

Holland & Knight LLP on

U.S. District Court Judge Amy Berman Jackson granted the plaintiffs' motion for preliminary injunction in NTEU v. Vought on March 28, 2025, primarily requiring the Consumer Financial Protection Bureau (CFPB) to reinstate all...more

Ballard Spahr LLP

Judge enjoins Trump Administration from Dismantling CFPB

Ballard Spahr LLP on

Contending that the Trump Administration still intends to dismantle the CFPB, a federal judge on Friday issued a temporary injunction prohibiting the administration from firing employees without cause, prohibiting it from...more

McCarter & English Blog: Government Contracts...

In the Wake of High-Profile Terminations of Grants and Cooperative Agreements, Courts Begin to Weigh In

Over the past few months, the second Trump administration has taken quick actions to suspend and terminate federal awards predating the transition of power. Many of these actions have resulted in the termination of “federal...more

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

20 States and District of Columbia Sue Over U.S. Department of Education Mass Layoff

On March 13, 2025, twenty states and the District of Columbia sued the Trump administration to stop its plans to cut the U.S. Department of Education’s workforce by roughly half. The case is in the U.S. District Court for the...more

McDermott Will & Emery

NIH’s Mandatory 15% Indirect Rate – Next Steps Following Preliminary Injunction

On March 5, 2025, a US district court in Massachusetts issued a preliminary injunction blocking the National Institutes of Health (NIH) from implementing a February 7, 2025, “Supplemental Guidance” notice that would establish...more

Wiley Rein LLP

Update: Federal Judge Blocks NIH Cap on Indirect Rates for Grants

Wiley Rein LLP on

On March 5, 2025, Judge Angel Kelley, a federal district court judge sitting in Massachusetts, granted a nationwide preliminary injunction which serves to temporarily block the Trump Administration’s attempt to cap the...more

Davis Wright Tremaine LLP

New Administration Outlook: Court Grants Partial Temporary Restraining Order on Executive Order Halting Foreign Aid

On Thursday, February 13, the U.S. District Court for the District of Columbia issued a partial temporary restraining order in response to lawsuits challenging Executive Order 14169, which paused all congressionally...more

Dorsey & Whitney LLP

NIH’s New Unilateral Change to Your Institution’s Indirect Rate: An Old-School Breach of Contract?

Dorsey & Whitney LLP on

On Friday, February 7, the National Institutes of Health (“NIH”) issued Policy Statement Supplemental Guidance affecting budgets both for active grants and for future grants, which was set to take effect on Monday, February...more

Cozen O'Connor

Democratic AGs Secure Order Blocking Cuts to NIH-Funded Research Grants

Cozen O'Connor on

A group of 22 Democratic AGs obtained a temporary restraining order blocking Supplemental Guidance to the 2024 NIH Grants Policy Statement: Indirect Cost Rates (Rate Change Notice), which would reduce to 15 percent all...more

Shipman & Goodwin LLP

Federal OMB Funding Freeze and Litigation Primer

Shipman & Goodwin LLP on

Amid a surge of presidential executive orders since the change in administrations, the federal Office of Management and Budget (OMB) has published a series of documents that have spawned much confusion and litigation. Via...more

Wiley Rein LLP

Capping It All Off: NIH Caps Indirect Rates for Grants

Wiley Rein LLP on

SUMMARY: On February 7, 2025, the Office of the Director for the National Institutes of Health (NIH) issued a Notice (Notice No. NOT-OD-25-068) imposing a cap of 15% on the indirect cost rates that can be charged to the...more

Cozen O'Connor

Democratic AGs Secure Order Blocking Federal Funding Freeze

Cozen O'Connor on

A coalition of 23 Democratic AGs, led by California AG Rob Bonta and New York AG Letitia James, has secured a temporary restraining order blocking a directive from the Office of Management and Budget (OMB) that would...more

Fox Rothschild LLP

Trump Administration (Sort Of) Abandons Funding Freeze

Fox Rothschild LLP on

The Office of Management and Budget (OMB) issued memorandum M-25-13, “Temporary Pause of Agency Grant, Loan, and Other Financial Assistance Programs,” (OMB Memo) on Tuesday, January 27, 2025. Two days later on January 29,...more

Cozen O'Connor

Democratic AGs Give Chilly Reception to Federal Funding Freeze

Cozen O'Connor on

A coalition of 23 Democratic AGs, led by New York AG Letitia James, filed a lawsuit in the U.S. District Court for the District of Rhode Island to block a directive from the Trump administration’s Office of Management and...more

Bass, Berry & Sims PLC

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

Bass, Berry & Sims PLC on

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

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