News & Analysis as of

Multidistrict Litigation Coronavirus/COVID-19

Sheppard Mullin Richter & Hampton LLP

Just When You Thought It Was Safe To Go Back In The Water . . . The 11th Circuit Revives Executive Order 14042

With apologies to Jaws II, just when you thought it was safe, the U.S. Court of Appeals for the 11th Circuit has released a shark back into the EO 14042 waters. On Friday, August 26, the 11th Circuit published a 66-page...more

Bass, Berry & Sims PLC

Government to Withhold Enforcement of the Vaccine Mandate. For Now.

After we published a post about the Eleventh Circuit’s decision to narrow the scope of the nationwide preliminary injunction of the government contractor vaccine mandate, the government announced that, for the time being, it...more

Perkins Coie

Federal Contractors in Limbo After Vaccine Mandate Nationwide Injunction Is Narrowed

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A U.S. Court of Appeals for the Eleventh Circuit panel breathed new life into the federal contractor vaccine mandate. While the panel determined that the COVID-19 vaccine mandate exceeded the president’s legal authority, it...more

Schwabe, Williamson & Wyatt PC

‎Eleventh Circuit Declares Federal Contractor COVID-19 Mandate Beyond President’s Authority

On September 9, 2021, President Biden issued Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, which directs federal agencies to include in certain federal contracts a clause requiring...more

Hinshaw & Culbertson - Insights for Insurers

The State Of COVID-19 Coverage Litigation In The United States

The issuance of various governmental orders requiring businesses to temporarily modify or close their operations during the COVID-19 pandemic led to an immediate avalanche of claims and lawsuits involving first-party...more

Bradley Arant Boult Cummings LLP

Whatever Happened to that Federal Contractor COVID Vaccine Order?

More than seven months ago, on September 9, 2021, President Biden issued Executive Order 14042, which imposed a COVID-19 vaccine mandate on many federal contractors and subcontractors. As we have previously reported, the...more

Bass, Berry & Sims PLC

DOJ’s Run of Bad Luck Continues – A Seventh District Court Enjoins the Federal Contractor Vaccine Mandate

After we published our article last week about the status of the four federal vaccine mandates, we learned that a seventh district court had enjoined the federal contractor COVID-19 vaccine mandate, continuing a remarkable...more

Bass, Berry & Sims PLC

The Federal COVID-19 Vaccine Mandates Are Barely Hanging On

Bass, Berry & Sims PLC on

The vaccine mandates President Biden announced on September 9 have not aged well. Two are enjoined nationwide and a skeptical Supreme Court so undermined one that the government withdrew it, at least for the immediate future....more

Schwabe, Williamson & Wyatt PC

Upcoming Events and Deadlines for OSHA Large Employer ETS ‎

There are several upcoming events and deadlines that are relevant to the Occupational Safety and Health Administration’s (“OSHA”) “large employer” emergency temporary standard (the “ETS”), which require businesses with 100 or...more

Davis Wright Tremaine LLP

OSHA Vaccine Mandate: Time for Employers to Prepare

OSHA's Vaccination and Testing Emergency Temporary Standard (ETS) is back in effect following a ruling by the 6th Circuit Court of Appeals on Friday, December 17. At its core, the ETS requires private employers with 100 or...more

Dickinson Wright

Private Employer Vaccine Mandate Moves Forward as Sixth Circuit Dissolves Fifth Circuit’s OSHA ETS Stay

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On December 17, 2021, the United States Court of Appeals for the Sixth Circuit, which was chosen via lottery as the federal appellate court to decide whether the OSHA ETS, i.e., the private employer vaccine mandate, would go...more

BakerHostetler

Supreme Court Sets Oral Argument on Requests to Stay the OSHA Vaccine Mandate ETS

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In the continuing saga of whether the Occupational Safety and Health Administration’s (OSHA) “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (ETS) is legal, the U.S. Supreme Court is set to weigh in on an...more

Baker Donelson

OSHA's "Vaccine or Test" ETS Reinstated: Next Steps Explained

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On December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay previously placed on OSHA's "Vaccine or Test" ETS by the Fifth Circuit. As we summarized in our previous alerts, the ETS was published on November 5,...more

Stinson - Government Contracting Matters

Supreme Court Set to Hear Oral Argument on OSHA Vaccine Rule – What Will This Mean for Government Contractors?

In the latest round of litigation on the rules being rolled out to implement the Biden Administration’s Path Out of the Pandemic, the Supreme Court signed orders yesterday to hold oral argument on January 7th, 2022 on the...more

Robinson+Cole Manufacturing Law Blog

Supreme Court to Hear Arguments on Two Federal Vaccine Mandates

On December 21, 2021, the U.S. Supreme Court took its first step into the fray over federal vaccine mandates. As we have previously posted, legal challenges to the Biden administration’s various vaccine mandates have been...more

Franczek P.C.

And They’re Back: Sixth Circuit Lifts Stay on OSHA’s ETS Regarding Mandatory Vaccination or Testing

Franczek P.C. on

On December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay of the Occupational Safety and Health Administration (“OSHA”) Emergency Temporary Standard (“ETS”) which had previously been halted by the...more

Bass, Berry & Sims PLC

If the Government Contractor Vaccine Mandate Doesn’t Get You, the OSHA ETS Might

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In the past few days, there have been multiple developments in the legal challenges to the various vaccine mandates, one in favor of a mandate, one against. In addition, the first vaccine mandate challenge has now reached the...more

Burr & Forman

Litigation Update: OSHA Emergency Temporary Standard for Employee COVID-19 Vaccination and Testing is Back in Effect

Burr & Forman on

On December 17, 2021, a 2-1 ruling from a three-judge panel of the Sixth Circuit Court of Appeals lifted a stay on the Occupational Safety and Health Administration’s COVID-19 vaccination and testing Emergency Temporary...more

Schwabe, Williamson & Wyatt PC

Federal Contractor Vaccine Mandate Update: Implementation Likely Delayed Until ‎February 2022- At The Earliest - If the Mandate...

On December 7, 2021, in Georgia v. Biden, No. 1:21-cv-163, a federal judge in the United States District Court for the Southern District of Georgia issued a preliminary injunction barring enforcement of President Joe Biden’s...more

Dorsey & Whitney LLP

Sixth Circuit Lifts Stay on OSHA’s Vaccine-or-Test Rule, Putting ETS Requirements Back in Effect

Dorsey & Whitney LLP on

On December 17, 2021, a three-judge panel for the Sixth Circuit Court of Appeals (with one judge dissenting) lifted the nationwide temporary stay of the Occupational Health and Safety Administration’s (OSHA) Emergency...more

UB Greensfelder LLP

District Courts Block Nationwide Vaccine Mandate for Federal Contractors

UB Greensfelder LLP on

Due to the ongoing pandemic, federal contractors nationwide – and the attorneys who represent them – have been closely monitoring the government’s implementation of a vaccine mandate. The potential of an enforceable mandate...more

Williams Mullen

UPDATE: OSHA Test or Vaccine Rule is Back On...For Now

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On Friday, December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay on implementation and enforcement of the OSHA Emergency Temporary Standard (ETS) that was previously issued by the Court of Appeals...more

Quarles & Brady LLP

The Rollercoaster Continues to Roll: Federal Vaccine Mandates Back On?

Quarles & Brady LLP on

We recently provided updates on the complex and unsettled legal landscape surrounding the various federal vaccine mandates in an FAQ, “Vaccination Mandates: The Latest on OSHA’s Emergency Temporary Standard, Other Mandatory...more

Manatt, Phelps & Phillips, LLP

Breaking News: Court Lifts Stay on OSHA ETS Vaccine Mandate

Late on Friday, December 17, 2021, the Court of Appeals for the Sixth Circuit ended the Fifth Circuit’s stay of OSHA’s COVID-19 vaccination and testing Emergency Temporary Standard (ETS), which applies to employers with 100+...more

Bodman

Stay Lifted: OSHA Prepares to Enforce Its Vaccinate-or-Test ETS

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On Friday, December 17, 2021, the Sixth Circuit Court of Appeals dissolved the stay that previously barred the Occupational Safety and Health Administration (“OSHA”) from enforcing its Emergency Temporary Standard (“ETS”),...more

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