News & Analysis as of

Preliminary Injunctions Stays

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court Rejects Education Department’s Bid to Stay Injunctions Barring Enforcement of New Title IX Rules

The Court’s decision leaves in place injunctions barring ED from enforcing the new regulations in over 20 states and against nearly 700 institutions of higher education. The Education Department (ED) released new Title IX...more

Ballard Spahr LLP

Magistrate Judge stays further proceedings pending resolution of 10th Circuit appeal in Colorado litigation challenging Colorado...

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We previously reported that, on July 18, the Colorado Attorney General and UCCC Administrator appealed to the 10th Circuit Court of Appeals challenging Judge Domenico’s order dated June 18 D. (Colo.) granting a preliminary...more

Ballard Spahr LLP

Colorado seeks stays of District Court proceedings and preliminary injunction

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We previously reported that, on July 18, the Colorado Attorney General and UCCC Administrator appealed to the 10th Circuit Court of Appeals challenging Judge Domenico’s order dated June 18 D. (Colo.) granting a preliminary...more

Proskauer - Law and the Workplace

Pennsylvania Federal Court Declines to Preliminarily Enjoin FTC Rule Banning Non-Competes

Earlier today (July 23, 2024), Judge Hodge in the U.S. District Court for the Eastern District of Pennsylvania denied a tree care company’s motion to stay the effective date and preliminarily enjoin the Federal Trade...more

Hahn Loeser & Parks LLP

FTC Ban on Worker Non-Compete Agreements Enjoined by U.S. District Court Judge

On July 3, 2024, a United States District Judge for the Northern District of Texas granted a stay and preliminary injunction on the United States Federal Trade Commission’s near-total ban on noncompete agreements. See Ryan v....more

Miles & Stockbridge P.C.

First Court to Address FTC Non-Compete Rule Finds it Unlawful - But Limits Injunction to Parties

On July 3, 2024, the U.S. District Court for the Northern District of Texas issued a limited stay and preliminary injunction of the Federal Trade Commission's (FTC) final rule making unlawful virtually all non-compete...more

Saul Ewing LLP

Texas Federal Court Temporarily Blocks FTC Non-Compete Rule for a Limited Group of Employers – Now What?

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As most employers are aware, and as we previously discussed in an April blog post, the Federal Trade Commission (“FTC”) enacted a sweeping administrative rule banning the vast majority of non-competition agreements in the...more

Littler

Texas District Court Narrowly Stays and Enjoins FTC’s Non-Compete Rule

Littler on

On July 3, 2024, the U.S. District Court for the Northern District of Texas in Ryan, LLC v. Federal Trade Commission issued a limited stay and preliminary injunction of the Federal Trade Commission's (FTC) final rule that...more

Winstead PC

Texas Federal Court Enjoins the FTC from Implementing and Enforcing the Noncompete Ban

Winstead PC on

Winstead’s Labor & Employment team previously reported that the FTC issued its final rule on the proposed noncompete ban and that a Dallas-based tax services company filed suit in Texas seeking a stay of the FTC’s rule. Back...more

Holland & Hart - Health Law Blog

Supreme Court Restores the EMTALA Exception to Idaho’s Abortion Ban for Now

On June 27, 2024, the United States Supreme Court temporarily restored the Emergency Medical Treatment and Labor Act (EMTALA) exception to Idaho’s abortion ban. As a result, Idaho hospitals may perform abortions in EMTALA...more

Troutman Pepper

Fifth Circuit Rules CFPB Credit Card Late Fee Rule Case Stays in Texas

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On June 18, the Fifth Circuit Court of Appeals granted the plaintiffs’ petition for a writ of mandamus, effectively halting the transfer of the lawsuit challenging the Consumer Financial Protection Bureau’s (CFPB or Bureau)...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Different School of Thought, Part II: New Title IX Regulations Blocked in Ten States

On June 17, 2024, the U.S. District Court for the Eastern District of Kentucky granted a preliminary injunction staying enforcement of the U.S. Department of Education’s new Title IX regulations....more

Bricker Graydon LLP

Federal Court Enjoins Enforcement of 2024 Title IX Regulations in Six More States

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On June 17, 2024, Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky issued a 93-page order in the case of State of Tennessee v. Cardona, Case No. 2:24-072-DCR....more

Troutman Pepper

Texas District Court Orders Transfer of the Credit Card Late Fee Rule Lawsuit to D.C. … Again: Fifth Circuit Promptly Issues Stay

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On Tuesday, the lawsuit challenging the Consumer Financial Protection Bureau’s (CFPB or Bureau) credit card late fee rule (Final Rule) was ordered to be transferred from the U.S. District Court for the Northern District of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois District Court Enjoins Equal Benefits for Equal Work Provision of Illinois Day and Temporary Labor Services Act

On March 18, 2024, Judge Thomas M. Durkin, sitting in the U.S. District Court for the Northern District of Illinois, Eastern Division, entered a preliminary injunction order enjoining the director of the Illinois Department...more

Ballard Spahr LLP

Fifth Circuit extends stay of district court order transferring to D.C. lawsuit challenging CFPB final credit card late fee rule;...

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The U.S. Court of Appeals has extended until 5 p.m. CT today its administrative stay of the district court’s order transferring the case to the U.S. District Court for the District of Columbia. This is the Fifth Circuit’s...more

Troutman Pepper

Fifth Circuit Temporarily Halts Transfer of Credit Card Late Fee Rule Lawsuit

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On April 2, the U.S. Court of Appeals for the Fifth Circuit issued an order staying the district court’s decision to transfer the lawsuit challenging the Consumer Financial Protection Bureau’s (CFPB) credit card late fee rule...more

Dorsey & Whitney LLP

The Supreme Court Update - January 18, 2024

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On Friday, January 12, the Supreme Court of the United States granted certiorari in five cases: Smith v. Spizzirri, No. 22-1218: This case involves the interpretation of Section 3 of the Federal Arbitration Act (“FAA”),...more

Jackson Lewis P.C.

New York City’s New Pay Protections for App-Based Delivery Workers Temporarily Stayed by Appellate Court

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New York City is still undertaking efforts to become the first major U.S. city to implement a minimum pay-rate for app-based restaurant delivery workers. The new law was initially scheduled to go into effect July 12, 2023....more

Saiber LLC

The NetChoice LLC Texas Case: Stay by Fifth Circuit Vacated by the Supreme Court

Saiber LLC on

The December 16, 2021 post “Texas Enjoined from Enforcing Law Targeting Social Media Platforms” reported how on December 1, 2021 a federal court in Texas enjoined enforcement of a law which would have limited a large number...more

Bradley Arant Boult Cummings LLP

Supreme Court Ruling Permits CMS Vaccine Mandate for Employees of Healthcare Facilities to Become Effective

On Thursday, January 13, 2022, the Supreme Court of the United States issued its opinions in each of the Centers for Medicare and Medicaid Services (CMS) and Occupational Safety and Health Administration (OSHA) vaccination...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

CMS Vaccine Mandate Update: Last, but Not Least, Texas Joins the Rest of the Country

On January 13, 2022, the Supreme Court of the United States issued an opinion staying preliminary injunctions issued in cases filed in Missouri and Louisiana challenging the Centers for Medicare and Medicaid Services’ (CMS)...more

Morrison & Foerster LLP

Updates to Task Force Guidance | District Courts Follow Different Reasoning to Hold Executive Order 14042 Invalid: Circuit Courts...

The fast and furious Jenga game over when and with which federal vaccine mandate a company must comply might finally have reached a turning point. On January 13, 2022, the Supreme Court issued dual per curiam opinions in...more

Arnall Golden Gregory LLP

Supreme Court Issues Split Decisions on Federal Vaccine Mandates

On January 13, 2022, the U.S. Supreme Court (“Court”) issued split decisions regarding Federal vaccine mandates issued by the Centers for Medicare and Medicaid Services (CMS) and the Occupational Safety and Health...more

Saul Ewing LLP

What's Next for Employers After the SCOTUS' Decisions on the OSHA ETS Mandate and the CMS Rule?

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What’s Next for Employers After SCOTUS’ Decisions on the OSHA ETS Mandate and the CMS Rule? On January 13, 2022, the U.S. Supreme Court reinstituted the stay of the federal vaccine or testing mandate, effectively killing...more

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