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Constitutional Challenges Executive Powers

Ballard Spahr LLP

Chief Justice temporarily allows Trump Administration to fire members of independent agencies

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Chief Justice John Roberts has issued a temporary stay of a decision by the U.S. Court of Appeals for the District of Columbia that barred the Trump Administration from firing members of two independent agency boards....more

Constangy, Brooks, Smith & Prophete, LLP

Out again: Court pauses order that prevented removal of NLRB’s Gwynne Wilcox

The termination of NLRB Member Gwynne Wilcox is back in place, at least for the time being. Earlier this month, Judge Beryl A. Howell issued an injunction that blocked President Trump and Marvin Kaplan, Chairman of the...more

Carlton Fields

The Hits Keep Coming for FINRA, Closing Out a Brutal Summer

Carlton Fields on

It’s not just the New York Yankees that wish they could put the summer behind them. We previously wrote about the shocking blow the D.C. Circuit Court of Appeals dealt FINRA in early July by enjoining the self-regulatory...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: United States v. Arthrex, 141 S. Ct. 1970 (2021)

Arthrex appealed a final written decision from an inter partes review (IPR) where the U.S. Patent Trial and Appeal Board (PTAB) found all challenged claims of its patent anticipated. On appeal, Arthrex argued that the...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

WilmerHale

10 Open Appellate Issues Following High Court Arthrex Ruling

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On June 21, 2021 the U.S. Supreme Court issued its decision in U.S. v. Arthrex Inc. Two questions were before the court. First, are administrative patent judges principal officers who must be appointed by the president...more

Littler

Michigan Agency Steps Up Mask Mandate and Other Requirements to Fill Void Created by Nullification of COVID-19 Executive Orders

Littler on

The Michigan Department of Health and Human Services (DHHS) issued an emergency order prohibiting certain gatherings and mandating masks, partially filling the gap created by the Michigan Supreme Court’s October 2, 2020...more

Littler

In Fractured Opinion, Michigan Supreme Court Strikes Down Governor’s Emergency Authority

Littler on

On October 2, 2020, the Michigan Supreme Court ruled that the Emergency Powers of the Governor Act of 1945 (EPGA), MCL 10.31, et seq., was an unconstitutional delegation of power by the legislative branch to the...more

Ballard Spahr LLP

New Challenges to PA Governor’s COVID-19 Emergency Authority

Ballard Spahr LLP on

Private citizens have separately challenged Governor Tom Wolf’s COVID-19 executive orders as unconstitutional takings in federal district court and in the Pennsylvania Supreme Court. Learn more about those cases here: Friends...more

Seyfarth Shaw LLP

OSHA Proposed Citations Covered by Texas Judge’s Grant of Preliminary Injunction to Government Contractors Challenging...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The first of several anticipated challenges to Executive Order 13673, “Fair Pay and Safe Workplaces,” has resulted in a preliminary injunction staying the implementation of some – but not all – aspects of...more

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