News & Analysis as of

Permanent Injunctions Lack of Authority

McGlinchey Stafford

Fifth Circuit Stays OSHA Vaccine Rule, Citing “Grave Statutory and Constitutional Issues”

McGlinchey Stafford on

On Saturday, November 6, the United States Court of Appeals for the Fifth Circuit released an emergency motion to stay enforcement of the Emergency Temporary Standard (“Mandate” or “ETS”) issued by the Occupational Safety and...more

Baker Donelson

Court Rules HHS 340B Payment Cuts Unlawful; HHS Seeks Stay in Proceedings

Baker Donelson on

In an opinion issued December 27, 2018, a Federal District Court ruled that the Department of Health & Human Services (HHS) exceeded its authority by reducing Part B drug reimbursement to certain hospitals in the 340B drug...more

Jackson Walker

Dallas Court of Appeals Holds Municipalities Cannot Enforce Building Codes in Their ETJs

Jackson Walker on

Dallas Court of Appeals finds that a home-rule city lacks authority to require landowners developing property in the city’s extraterritorial jurisdiction (ETJ) to obtain city building permits, inspections and approvals, and...more

McDermott Will & Emery

District Court Holds IRS Lacks Authority to Issue and Enforce Tax Return Preparer Regulations

McDermott Will & Emery on

On January 18, 2013, the District Court for the District of Columbia held that the Internal Revenue Service lacked the authority to issue and enforce the tax return preparer regulations that it issued in 2011 and permanently...more

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