Earlier this month, the Occupational Safety and Health Administration (“OSHA”) issued its “COVID-19 Vaccination and Testing; Emergency Temporary Standard” (the “ETS”) requiring employers of 100 or more employees to implement...more
On Monday, November 8, 2021, Snell & Wilmer published a Legal Alert explaining that, on November 6, 2021, the Fifth Circuit Court of Appeals in New Orleans granted a stay and suspended the federal OSHA emergency temporary...more
A three-judge panel on the Fifth Circuit Court of Appeals has now permanently blocked OSHA from implementing and enforcing its vaccine rule, which impacts employers nationwide. This is not the end of the judicial review...more
On November 6, 2021, the Fifth Circuit Court of Appeals temporarily blocked enforcement of the OSHA vaccination-or-testing rule. Citing “grave statutory and constitutional issues” with the rule, a three-judge panel issued the...more
On April 6, 2020, the Supreme Court filed a per curiam order in a case related to Wisconsin’s spring elections scheduled for the following day, April 7, 2020. In that order, the Court granted a stay requested by the...more
House Judiciary Committee Chairman Bob Goodlatte (R-Va.), the author of the Class Action Fairness Act, introduced the “Fairness in Class Action Litigation Act of 2017” last week that would substantially change class action...more
After oral arguments on February 9th, the Ninth Circuit denied the government’s request to reinstate the travel ban EO. State of Washington v. Trump. More than 135,000 people listened to the Ninth Circuit oral argument,...more
Seyfarth Synopsis: A three-judge panel in the Ninth Circuit Court of Appeals ruled against the Trump administration’s motion to reinstate the travel ban. Late on Thursday, February 9, the Ninth Circuit panel voted to...more
Late yesterday, the Ninth Circuit Court of Appeals refused to reinstate President Donald Trump’s immigration Executive Order (Order) which suspended the entry of aliens from seven countries into the United States for 90 days....more
A federal appeals court on Thursday, February 9 unanimously ruled against President Trump’s controversial “travel ban” Executive Order that attempted to bar foreign nationals from a list of seven countries from entering the...more
On February 9, 2017, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) unanimously upheld the temporary restraining order that halted the federal government ban on issuance of visas to, and entry of,...more
We will have to wait at least a bit longer—and perhaps indefinitely—to learn whether a striking ruling that members of Congress have standing to sue the executive branch over the funding of Affordable Care Act (ACA) subsidies...more
On September 23, 2016, an Arizona judge granted at least a temporary reprieve to more than 1,100 Arizona businesses that have been beleaguered by lawsuits alleging that their parking lots lack sufficient accessible parking...more
Earlier this month, the 5th Circuit Court of Appeals stayed EPA’s disapproval of the Texas and Oklahoma regional haze state implementation plans, as well as EPA’s promulgation of its own federal implementation plan. The...more
In the ongoing saga between two manufacturers of liners for prosthetic limbs, the US Court of Appeals for the Federal Circuit confirmed a finding of inequitable conduct committed by the patent owner while the patent at issue...more
This decision explains how hard it is to appeal an order staying litigation in favor of arbitration. Even when there are some good arguments over whether the dispute is subject to arbitration, the Supreme Court precedent...more
Applying section 18(a)(1) of the America Invents Act (AIA) to an issue of first impression, a divided panel of the U.S. Court of Appeals for the Federal Circuit reversed a district court, ordering a stay of the district court...more
On June 27, 2014, the United States Court of Appeals for the District of Columbia Circuit issued a decision in In re: Kellogg Brown & Root, Inc., an important ruling which confirms the application of the attorney-client...more