News & Analysis as of

Due Process Preliminary Injunctions

Littler

DOJ Files a Statement of Interest in a Federal Lawsuit Against the NY Department of Health and Court Issues a Preliminary...

Littler on

As previously discussed, in Engesser v. McDonald, a class of Medicaid beneficiaries who receive personal care and home care services through New York’s CDPA Program (Consumers), and two independent living centers...more

Snell & Wilmer

U.S. Supreme Court Limits Section 1988 Attorney’s Fees for Property Owners and Other Civil Rights Litigants

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The U.S. Supreme Court’s recent decision in Lackey v. Stinnie, 145 S. Ct. 659 (2025), limits the ability of civil rights litigants to recover their attorney fees under the Civil Rights Attorney’s Fees Awards Act, specifically...more

Nossaman LLP

New Court Case Reasserts Reasonableness as a Limitation on Water Use

Nossaman LLP on

On April 2, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Bring Back the Kern v. City of Bakersfield, 2025 S.O.S. 909. That case held that courts must apply the reasonableness...more

Littler

NY Federal Court Issues TRO Against the NY Department of Health

Littler on

As previously reported, in April 2024, New York’s Social Services Law was amended to include a substantial change to the state’s Consumer Directed Personal Assistance Program (CDPA Program), a Medicaid-funded program allowing...more

Arnall Golden Gregory LLP

Fourth Circuit Lifts Preliminary Injunction on Executive DEI Orders

On March 14, 2025, the United States Court of Appeals for the Fourth Circuit granted the Trump administration’s motion to stay the United States District Court for the District of Maryland’s preliminary injunction on the...more

Husch Blackwell LLP

Fourth Circuit Stays Preliminary Injunction That Blocked Key Portions of Anti-DEI Executive Orders

Husch Blackwell LLP on

On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the federal government’s request to stay, pending appeal, a nationwide preliminary injunction issued by the U.S. District Court for the District of...more

Orrick, Herrington & Sutcliffe LLP

Fourth Circuit Reinstates Anti-DEI Executive Orders Pending Further Litigation

On February 21, 2025, the U.S. District Court for the District of Maryland entered a preliminary injunction blocking the enforcement of important aspects of two Executive Orders: “Ending Radical and Wasteful Government DEI...more

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

Fourth Circuit Reopens Trump DEI-Related Executive Orders, Halts Preliminary Injunction

On March 14, 2025, the U.S. Court of Appeals for the Fourth Circuit granted the government’s request to stay a Maryland federal judge’s nationwide preliminary injunction that had blocked key portions of the president’s...more

Jackson Lewis P.C.

DEI Injunction Stands: Court Denies Trump Administration’s Motion to Stay

Jackson Lewis P.C. on

A federal district court judge for the district of Maryland on March 3, 2025, denied the Trump Administration’s motion to stay implementation of a Feb. 21, 2025, preliminary injunction temporarily prohibiting the...more

Latham & Watkins LLP

Court Upholds Scope of Preliminary Injunction Regarding DEI Executive Orders

Latham & Watkins LLP on

A Maryland federal judge refused to suspend or narrow the nationwide preliminary injunction against DEI-related executive orders....more

Bass, Berry & Sims PLC

Judge Denies Government’s Motion to Stay Injunction of Anti-DEI Executive Orders

On March 3 Judge Abelson of the U.S. District Court for the District or Maryland denied the government’s motion for a stay pending appeal of the preliminary injunction halting the termination of equity-related federal grants...more

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

Federal Judge Denies Bid to Stay Preliminary Injunction Blocking President Trump’s DEI-Related Executive Orders

On March 3, 2025, a federal judge in Maryland refused to halt a preliminary injunction blocking key parts of two of President Donald Trump’s executive orders (EO) seeking to eliminate “illegal” diversity, equity, and...more

Venable LLP

U.S. Supreme Court Decision Prohibits Plaintiff Recovery of Attorney’s Fees After a Preliminary Injunction Win

Venable LLP on

On February 25, 2025, the United States Supreme Court held that plaintiffs who obtain a preliminary injunction are not eligible for attorney’s fees under 42 U.S.C. § 1988(b) because they do not qualify as “prevailing...more

Fox Rothschild LLP

Federal Judge Blocks Trump’s Orders Limiting DEI in Government and Business

Fox Rothschild LLP on

Key parts of President Donald Trump’s executive orders (EOs) seeking to dismantle diversity, equity and inclusion (DEI) programs in the public and private sector were enjoined nationwide on Feb. 21 by a federal district court...more

Kilpatrick

Federal Court Enjoins Significant Aspects of the Trump Administration DEI Executive Orders

Kilpatrick on

As we reported on January 21, 2025, and January 29, 2025, the Trump Administration issued Executive Orders targeting diversity, equity and inclusion (“DEI”) initiatives in the federal government and private sector, namely...more

FordHarrison

Preliminary Injunction Issued to Block Provisions of Executive Orders Limiting Diversity, Equity, and Inclusion Programs; Now...

FordHarrison on

On February 21, 2025, the United States District Court for the District of Maryland issued a nationwide preliminary injunction halting the enforcement of three key provisions of President Trump’s Executive Orders intended to...more

Epstein Becker & Green

A Preliminary Injunction Does Not a “Prevailing Party” Make, Criminal Conviction Through Knowingly False Evidence Violates Due...

Epstein Becker & Green on

The U.S. Supreme Court decided two cases yesterday, one of which, Lackey v. Stinnie, involved an action brought pursuant to 42 U. S. C. §1983 and should be of particular interest to the many readers of this blog who practice...more

Dorsey & Whitney LLP

The Supreme Court Update - February 25, 2025

Dorsey & Whitney LLP on

The Supreme Court of the United States issued two decisions today: Lackey v. Stinnie, No. 23-621: This case clarifies when attorneys’ fees may be awarded to a “prevailing party” in a civil rights lawsuit via 42 U.S.C....more

Womble Bond Dickinson

Key Court Ruling on DEIA Programs - What You Should Know

Womble Bond Dickinson on

On February 21, 2025, the United States District Court for the District of Maryland enjoined the Trump administration from implementing two recently issued executive orders targeting diversity, equity, inclusion, and...more

DCI Consulting

Preliminary Injunction Granted Against Anti-DEI Executive Orders

DCI Consulting on

In a significant legal move, Democracy Forward, on behalf of the National Association of Diversity Officers in Higher Education (NADOHE), the American Association of University Professors (AAUP), Restaurant Opportunities...more

Perkins Coie

Lawsuit Challenges Trump DEI Executive Orders

Perkins Coie on

On February 3, 2025, the city of Baltimore and three organizations filed a lawsuit in the U.S. District Court for the District of Maryland opposing the recent Trump administration executive orders (EO) focused on eliminating...more

Lathrop GPM

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

Lathrop GPM on

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

Husch Blackwell LLP on

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

Dorsey & Whitney LLP on

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

Ballard Spahr LLP on

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

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