News & Analysis as of

Constitutional Challenges Centers for Disease Control and Prevention (CDC)

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

Dentons

COVID-19 Policies and US Employers: Charting a Path Forward

Dentons on

The legal landscape around COVID-19 policies and vaccine mandates in the workplace continues to shift under the feet of US employers. With the January 13 US Supreme Court ruling on the OSHA and CMS vaccine rules, and...more

Greenbaum, Rowe, Smith & Davis LLP

U.S. Supreme Court Halts Enforcement of OSHA Vaccine Mandate for Private Employers

What You Need to Know- •The U.S. Supreme Court granted a temporary stay of OSHA’s requirement mandating that certain private employers require employees to be fully vaccinated against COVID-19 or be subject to weekly...more

Foley Hoag LLP

Supreme Court Blocks OSHA’s “Vax or Test” Rule

Foley Hoag LLP on

On January 13, 2022, the U.S. Supreme Court blocked the Occupational Safety and Health Administration’s (“OSHA”) enforcement of its COVID-19 Emergency Temporary Standard (“ETS”). Among other things, the ETS would have...more

Cole Schotz

SCOTUS Blocks OSHA Vaccine and Testing Mandates, Leaves in Place Similar Requirements for Healthcare Workers Nationwide

Cole Schotz on

The United States Supreme Court blocked the Biden administration‘s enforcement of a requirement that employees at large businesses be vaccinated against COVID-19 or undergo weekly testing and wear a mask...more

Quarles & Brady LLP

“Please Exit the Ride” – OSHA ETS is Off, CMS Rule is On, and CDC Guidance is Updated: What Employers Need to Know Now

Quarles & Brady LLP on

The dizzying ride employers have endured for the past few months has finally come to a stop. Yesterday, the United States Supreme Court essentially struck down the broad OSHA ETS covering most large employers across the...more

Husch Blackwell LLP

U.S. Supreme Court Stays OSHA Vaccine Mandate

Husch Blackwell LLP on

On January 13, 2022, in per curiam opinion National Federation of Independent Business et al., v. Department of Labor, Occupational Safety and Health Administration, et al., the Supreme Court stayed OSHA’s COVID-19...more

Jackson Lewis P.C.

U.S. Supreme Court Turns Centers for Medicare & Medicaid Services COVID-19 Vaccine Rules Back On

Jackson Lewis P.C. on

In a 5-4 decision, the U.S. Supreme Court has ruled in favor of the government, allowing the Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccine mandate to continue. Biden, et al. v. Missouri, et al., No....more

WilmerHale

OSHA Publishes COVID19 "Vaccine or Test" Mandate for Employers

WilmerHale on

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

Whitman Legal Solutions, LLC

Cedar Point Nursery v. Hassid – A Labor Law Case That Could Affect Eviction Moratoriums

Like music, real estate isn’t just one thing. It’s a combination of many rights. This article discusses the bundle of rights that comprise real estate, how the United States Supreme Court’s June 23, 2021 ruling Cedar Point...more

Tucker Arensberg, P.C.

The CDC’s Eviction Moratorium Challenged Again, But Is It Different This Time?

Tucker Arensberg, P.C. on

As I explained in greater detail here, on May 5, 2021, the United States District Court for the District of Columbia determined in Alabama Association of Realtors, et al. v. United States Department of Health and Human...more

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

COVID-19 Variants and Key Government Actions Accelerate Employer Vaccination Policy Implementation

With transmission of the Delta variant on the rise, many employers are revisiting plans to implement COVID-19 vaccination policies. As we have previously explained, employers may encourage and mandate vaccination against...more

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

The New Eviction Moratorium Issued by the Biden Administration: Where Does It Leave Landlords and Property Owners Moving Forward?

On August 3, 2021, the Centers for Disease and Control issued an Order that temporarily halts evictions on the basis of failure to pay rent and is in effect through October 3, 2021. At its core, the Order was promulgated to...more

Burr & Forman

District of D.C. Vacates CDC Eviction Moratorium

Burr & Forman on

On September 4, 2020, the CDC issued a broad order temporarily halting evictions nationwide, citing the COVID-19 pandemic as its basis. 85 Fed. Reg. 55,292 (Sept. 4, 2020). The CDC determined that such a moratorium was...more

Eversheds Sutherland (US) LLP

Federal judge strikes down CDC’s national eviction moratorium

A Federal District Judge in the District of Columbia has vacated the CDC’s national residential eviction moratorium. While some other courts have also upheld challenges to the CDC’s moratorium, the rulings have typically been...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Decision Striking Down CDC Federal Eviction Moratorium Temporarily Stayed

On May 5, 2021, the United States District Court for the District of Columbia (“DC Court”) vacated a nationwide eviction moratorium order issued by the Centers for Disease Control (“CDC”) to help mitigate the spread of...more

Lowndes

Federal Judge Rules CDC Eviction Moratorium Unconstitutional

Lowndes on

On Wednesday, May 5, 2021, Judge Dabney Friedrich of the U.S. District Court for the District of Columbia ruled that the residential eviction moratorium was unlawful as it was beyond the authority of the United States Centers...more

Cohen Seglias Pallas Greenhall & Furman PC

Federal Judge Strikes Down CDC Eviction Moratorium as Unconstitutional

Relief from the CDC Moratorium may be on its way for landlords and property owners. On May 5, 2021, Judge Dabney Friedrich of the DC District Court set aside the Centers for Disease Control and Prevention (CDC) moratorium...more

Cadwalader, Wickersham & Taft LLP

Springing Forward, March 2021 | Issue No. 22 - COVID-19 Update: Federal Eviction Moratorium Struck Down

On February 25, 2021, the United States District Court in the Eastern District of Texas (“Texas Court”) granted summary judgment in favor of the plaintiffs in Lauren Terkel et al. v. Centers for Disease Control and Prevention...more

Bilzin Sumberg

Department of Justice Appeals Federal Court’s Decision on Constitutionality of COVID-19 Eviction Moratorium

Bilzin Sumberg on

On February 27, 2021, the Centers for Disease Control and Prevention (the “CDC”), the United States Department of Health and Human Services (the “HHS”), and the United States of America (collectively the “Government”)...more

Holland & Knight LLP

Two Federal Judges Declare CDC COVID-19 Eviction Moratorium Unenforceable

Holland & Knight LLP on

In Terkel v. Centers for Disease Control and Prevention, No. 6:20-cv-00564 (E.D. Tex. Feb. 25, 2021) and Skyworks, Ltd. v. Centers for Disease Control and Prevention, No. 5:20-cv-2407 (N.D. Ohio Mar. 10, 2021), groups of...more

Tucker Arensberg, P.C.

Eviction Moratorium - Landlords Remain Locked Out (for now)

As the COVID summer of 2020 drew to a close, the Centers for Disease Control issued a nationwide moratorium on evicting tenants from residential properties, in an effort to promote public health and stem the tide of the...more

Dentons

Department of Justice Appeals Texas Decision Striking Down CDC Eviction Order and Issues Statement

Dentons on

As discussed in a prior blog post, U.S. District Judge John Barker issued a February 25 decision, ruling that the CDC's Order temporarily halting certain evictions was unconstitutional, as it exceeded the federal government's...more

Rumberger | Kirk

Texas Federal Court Ruled Federal Government Has No Constitutional Power Over Foreclosures and Evictions

Rumberger | Kirk on

A federal court in Texas has ruled that the federal government has no constitutional power to prohibit real estate foreclosures and evictions pursuant to coronavirus legislation and regulation, calling into question whether...more

Dentons

Texas Judge Rules CDC Eviction Moratorium Unconstitutional

Dentons on

In the ruling, U.S. District Judge John Barker ruled in favor of the landlords and property managers who brought the lawsuit, ruling that the CDC's eviction moratorium exceeded the federal government's constitutional...more

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