News & Analysis as of

Petition for Writ of Certiorari Stays

BakerHostetler

Coinbase Inc. v. Bielski - Supreme Court Holds Oral Argument on the Issue of Whether an Interlocutory Appeal of the Denial of a...

BakerHostetler on

The Coinbase case involves a joint petition for writ of certiorari that could have a major impact on motions to compel arbitration under the Federal Arbitration Act (FAA). Coinbase, Inc. v. Bielski, Case No. 22-105 (oral...more

Fox Rothschild LLP

Does An Appeal Of A District Court’s Denial Of A Motion To Compel Arbitration Automatically Stay The Case?

Fox Rothschild LLP on

The appeals courts for the 3rd, 4th, 7th, 10th, 11th, and D.C. Circuits have ruled that a non-frivolous appeal of a district’s court’s denial of a motion to compel arbitration divests a district court of jurisdiction over the...more

Fenwick & West LLP

The Supreme Court to Weigh Whether Lawsuits Should Be Automatically Stayed Pending the Appeal of a Denial of a Motion to Compel...

Fenwick & West LLP on

The United States Supreme Court recently granted a petition for certiorari filed by cryptocurrency exchange Coinbase, which asks the Court to resolve a deep circuit split on whether a lawsuit should be automatically stayed...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

Dickinson Wright on

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

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

Nutter McClennen & Fish LLP

Sixth Circuit Court of Appeals Dissolves the Stay of OSHA’s COVID-19 Emergency Temporary Standard

On December 17, 2021, the United States Court of Appeals for the Sixth Circuit dissolved the nationwide stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Emergency Temporary Standard (“ETS”) that...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

Smith Anderson

The OSHA Vaccine Mandate is Back On...Stay Tuned

Smith Anderson on

On Friday, December 17, 2021, the United States Court of Appeals for the Sixth Circuit breathed new life into the Biden Administration’s COVID-19 vaccine mandate for employers with 100 or more employees. The 6th Circuit’s...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

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

BCLP

COVID-19: 6th Circuit Lifts Stay Of OSHA ETS; OSHA Sets New Deadline For Compliance

BCLP on

Development: On Friday, December 17, 2021, a three-judge panel of the 6th Circuit Court of Appeals lifted the stay that had been placed on the OSHA “Emergency Temporary Standard” (ETS) for larger private employers regarding...more

Williams Mullen

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

Williams Mullen on

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

Obermayer Rebmann Maxwell & Hippel LLP

The Sixth Circuit Gives New Life to the Vaccine Mandate - Next Up, the Supreme Court

As HR Legalist previously reported, earlier this year, the Occupational Safety and Health Administration (OSHA) issued an emergency temporary standard (ETS), mandating that employers with at least 100 employees require all...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

Bodman on

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

Holland & Knight LLP

OSHA's Emergency Temporary Standard on COVID-19 Vaccination or Testing Is Back On (for Now)

Holland & Knight LLP on

OSHA published an ETS on Nov. 5, 2021, that applies to employers in all workplaces that are under OSHA's authority and jurisdiction that have more than 100 employees companywide. The ETS requires, with certain exceptions,...more

Laner Muchin, Ltd.

DOL Announces that Large Employers Must Comply with OSHA Vaccine ETS by January 10, 2022

Laner Muchin, Ltd. on

Late on Friday, December 17, 2021, a three-judge panel of the Sixth Circuit Court of Appeals ruled 2-1 to lift the stay imposed by the Fifth Circuit Court of Appeals on November 6, 2021 on the OSHA COVID-19 Vaccination and...more

CDF Labor Law LLP

National COVID Vax Mandate Will Be In Effect January 10 – At Least for Now

CDF Labor Law LLP on

On December 17, 2021, the Sixth Circuit Court of Appeals granted the Biden administration’s Motion to Dissolve the stay on the Occupational Safety and Health Administration’s (Fed/OSHA) COVID-19 Vaccination and Testing...more

FordHarrison

OSHA's COVID-19 Mandate Reinstated by Sixth Circuit

FordHarrison on

Late Friday, December 17, 2021, the 6th U.S. Circuit Court of Appeals granted the government’s motion to lift the stay on the OSHA COVID-19 mandate imposed by the Fifth Circuit on November 6, 2021....more

Miller Canfield

Sixth Circuit Lifts Stay on OSHA's ETS Requiring COVID-19 Vaccination or Testing; OSHA Issues New Compliance Deadlines

Miller Canfield on

On December 17, 2021, a divided Sixth Circuit Court panel issued an opinion dissolving the Fifth Circuit's stay of the Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing issued by the Occupational Safety...more

Polsinelli

Stay of OSHA Emergency Temporary Standard Lifted By Sixth Circuit – “All Systems Go,” For Now…

Polsinelli on

A divided panel of the United States Court of Appeals for the Sixth Circuit lifted the stay on the Occupational Safety and Health Association’s Emergency Temporary Standard (“OSHA ETS”) late Friday night (December 17, 2021)....more

Littler

Friday Night Fights – What Just Happened to the OSHA and Federal Contractor Vaccine Mandates?

Littler on

On the evening of December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the federal Occupational Safety and Health Administration (OSHA) COVID-19 Emergency Temporary Standard...more

Robinson+Cole Environmental Law +

Sixth Circuit Revives OSHA COVID-19 Emergency Temporary Standard

On Friday, the U.S. Court of Appeals for the Sixth Circuit lifted a stay of OSHA’s Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for employers with 100 or more employees. As we previously posted, the...more

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