News & Analysis as of

Motion To Enjoin Preliminary Injunctions

Bradley Arant Boult Cummings LLP

Competing Noncompete Rulings? Pennsylvania Judge Denies Injunction on FTC Rule

By now, we all know that the FTC proposed a rule that will ban nearly every noncompete agreement and that a number of companies have filed legal challenges to it. This week, a federal judge in Pennsylvania weighed in, denying...more

Ballard Spahr LLP

Texas District Court Preliminarily Enjoins FTC’s Non-Compete Ban for Named Plaintiffs

Ballard Spahr LLP on

As we previously reported, here, the Federal Trade Commission (FTC) issued a Final Rule on April 23, 2024 that would prevent most employers from enforcing non-compete agreements against workers, effective September 4, 2024...more

Bass, Berry & Sims PLC

Title IX Regulations Enjoined in Six More States

Bass, Berry & Sims PLC on

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

CDF Labor Law LLP

EEOC Regulations On Pregnancy Workers Fairness Act Partially Enjoined Before Implementation

CDF Labor Law LLP on

Earlier this spring, we published an article detailing the highlights of the United States Equal Employment Opportunity Commission’s (“EEOC”) new 408-page regulations on the Pregnancy Workers Fairness Act (“PWFA”)....more

Ballard Spahr LLP

CFPB and plaintiffs fully brief motion for preliminary injunction in trade group lawsuit regarding final credit card late fee rule

Ballard Spahr LLP on

The Consumer Financial Protection Bureau (“CFPB”) filed an opposition brief (the “Opposition”) on Tuesday in response to a request by plaintiff trade groups to enjoin the CFPB’s final credit card late fee rule (the “Final...more

Carlton Fields

Second Circuit Holds That Refusal to Enjoin Arbitration Is Immediately Appealable, Clarifies Standard for Obtaining Preliminary...

Carlton Fields on

The Second Circuit Court of Appeals recently held that a district court’s refusal to enjoin arbitration was immediately appealable because the arbitration agreement was governed by state law rather than the Federal...more

Mayer Brown

US Court of Appeals for the 11th Circuit Enjoins Florida's Restrictions on Persons from Foreign Countries of Concern Acquiring...

Mayer Brown on

On February 1, 2024, the US Court of Appeals for the 11th Circuit granted an injunction, limited to two individual plaintiff/appellants, of a Florida law (Senate Bill 264, or SB 264) in effect since July 1, 2023, which...more

Ballard Spahr LLP

Kentucky Federal District Court Issues Order Enjoining the CFPB From Enforcing the Small Business Data Collection Rule as to All...

Ballard Spahr LLP on

On September 14th, the Federal District Court for the Eastern District of Kentucky granted the plaintiff’s motion to preliminarily enjoin the CFPB from implementing the Small Business Lending Rule (“Rule”) promulgated under...more

Troutman Pepper

Trade Associations for Community Banks and Texas First Bank Move to Intervene in Case Challenging CFPB’s Enforcement of its...

Troutman Pepper on

As discussed here, on April 26, the Texas Bankers Association (TBA), the American Bankers Association (ABA), and Rio Bank, McAllen, Texas (Rio Bank) filed a complaint in the U.S. District Court for the Southern District of...more

Lewitt Hackman

Franchisee 101: Blurry Choice of Remedies

Lewitt Hackman on

A Texas federal court denied a franchisor’s request to enjoin operations of a former franchisee’s competing optical retail stores for failure to establish likelihood of success on a claim of trade dress infringement. The...more

Nossaman LLP

Federal Court Enjoins Biden Administration’s WOTUS Rule in 24 States

Nossaman LLP on

On April 12, 2023, the U.S. District Court for the District of North Dakota issued a preliminary injunction blocking the Biden administration’s Waters of the United States (WOTUS) rule in twenty-four states (the case is West...more

Nossaman LLP

UPDATE: Federal District Court Enjoins Biden Administration’s WOTUS Rule in Texas and Idaho

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UPDATE: On April 6, 2023, in an expected move, President Biden vetoed the Congressional Review Act joint-resolution that attempted to undo his administration’s WOTUS rule. The president maintained his administration’s rule...more

Schwabe, Williamson & Wyatt PC

Supplemental Briefing Filed in Bruckner Case

As previously discussed, the federal district court deciding Christian Bruckner’s lawsuit to enjoin the Infrastructure Investment and Jobs Act’s set-aside of 10% (around $37 billion) of transportation funding for “small...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

Bass, Berry & Sims PLC on

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

Benesch

Federal Judge Blocks Enforcement of EEOC Guidance Directed at LGBTQ+ Employees

Benesch on

Protections for LGBTQ+ persons, especially transgender individuals, continue to be trending topics in both legal and social circles. Lia Thomas, recently nominated for NCAA Woman of the Year, has captured front page headlines...more

Littler

Down But Not Out: U.S. District Court Denies Preliminary Injunction Against Florida “Stop-WOKE” Law

Littler on

On June 27, 2022, the U.S. District Court for the Northern District of Florida denied a request to enjoin the provisions of Florida HB 7, named the Individual Freedom Act (“IFA”) or the so-called “Stop-WOKE” law (the state’s...more

Littler

Fifth Circuit Reverses Denial of Preliminary Injunction in Vaccine Mandate Case

Littler on

While the issue of whether private employers can legally enforce vaccine mandates among their workforce continues to be challenged across the country, a split panel in the Fifth Circuit is the first appellate court to signal...more

Faegre Drinker Biddle & Reath LLP

Circuits Split on CMS Vaccine Mandate, Highlighting “Great Significance” of Issue as It Heads to Supreme Court

Three circuit court decisions issued in the past two weeks have considered the CMS vaccine mandate, bringing the issue – and similar vaccine mandate lawsuits – to the Supreme Court in the final weeks of the year. The CMS...more

Stinson - Government Contracting Matters

Louisiana District Court Joins Bandwagon of Courts Issuing Preliminary Injunctions Against Implementation of EO 14042’s Government...

Executive Order 14042 (the “EO”) and the implementing FAR clause and Safer Workforce Task Force (SWTF) Guidance – which mandate that government contractors and their subcontractors be vaccinated absent a legal exception – has...more

Bass, Berry & Sims PLC

A Third Court Enjoins the Federal Contractor Vaccine Mandate

Bass, Berry & Sims PLC on

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

FordHarrison

CMS Vaccine Mandate Continues Its Path to U.S. Supreme Court as Fifth Circuit Narrows Nationwide Injunction

FordHarrison on

The Fifth Circuit has found that the nationwide injunction of the CMS vaccine mandate issued by the Western District of Louisiana should be narrowed to apply only to the 14 states involved in the Louisiana lawsuit. This comes...more

Proskauer - Government Contractor Compliance...

Federal Government Confirms It Is Currently Not Enforcing Contractor COVID-19 Requirements

Following up on two recent federal court decisions enjoining the enforcement of the contractor vaccine mandate, the Office of Management and Budget (“OMB”) has issued guidance, posted on the Safer Federal Workforce Task...more

Polsinelli

Federal District Judge Enjoins the Federal Contractor COVID-19 Vaccine Mandate Nationwide

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On December 7, 2021, Judge R. Stan Baker of the U.S. District Court for the Southern District of Georgia enjoined the federal government from enforcing Executive Order 14042’s COVID-19 vaccination mandate for federal...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

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