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Injunctive Relief Constitutional Challenges

Polsinelli

Lawsuits Filed Challenging the FTC’s Final Rule Banning Non-Competes

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To date, three lawsuits have been filed challenging the legality of the FTC’s Final Rule banning non-competes. The initial two cases were filed in Texas federal court, which is widely viewed as a more hospitable forum for...more

McGlinchey Stafford

Colorado’s DIDMCA Opt-Out Challenged by Trade Associations in Federal Court

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On March 26, 2024, the National Association of Industrial Bankers (NAIB), American Financial Services Association (AFSA), and American Fintech Council (AFC) (collectively, “Trade Associations”) filed a complaint in the United...more

Ballard Spahr LLP

Rationale for Federal District Court issuing an injunction in addition to vacating changes to UDAAP Exam Manual

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Monday, we blogged about the opinion issued on September 8 by the Federal District Court for the Eastern District of Texas in the lawsuit brought last year by several trade associations against the CFPB. In that lawsuit, the...more

Troutman Pepper

Texas Federal Court Enjoins CFPB’s Enforcement of its Section 1071 Rule Against Plaintiffs and Their Members Pending U.S. Supreme...

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As discussed here, on April 26, the Texas Bankers Association, the American Bankers Association (ABA), and Rio Bank, McAllen, Texas (Rio Bank) filed a complaint in the U.S. District Court for the Southern District of Texas...more

Ballard Spahr LLP

Texas federal district court issues limited preliminary injunction enjoining CFPB from implementing and enforcing small business...

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The Texas federal district court hearing the lawsuit challenging the validity of the CFPB’s final rule implementing Section 1071 of the Dodd-Frank Act (Rule) has issued an order that preliminarily enjoins the CFPB from...more

Holland & Knight LLP

Florida Law Limits Persons from Foreign Countries of Concern from Acquiring Real Property

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Now the subject of a lawsuit seeking to enjoin it, Florida Senate Bill 264 (CS/CS/SB 264), codified at Chapter No. 2023-33, Laws of Florida, would limit select persons from "foreign countries of concern" from directly or...more

Butler Snow LLP

Tennessee Circuit Court Strikes Down Tennessee Law Allowing Warrantless Searches of Private Property by State Wildlife Officials

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On Tuesday, March 22, 2022, a three-judge panel of the Circuit Court for Benton County, Tennessee, issued an order declaring that Tennessee Code Annotated § 70-1-305(1) is unconstitutional, unlawful, and unenforceable, and...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 PTAB Year in Review: Analysis & Trends

[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more

Proskauer - Law and the Workplace

Louisiana Supreme Court Holds The Employment-At-Will Doctrine Dictates That Private Employers May Mandate Employees Get Vaccinated

On January 7, 2022—the same day the Supreme Court of the United States heard oral arguments concerning the OSHA workplace vaccine mandate—the Louisiana Supreme Court (“LA Supreme Court” or the “Court”) upheld a private...more

Fisher Phillips

Court Blocks Federal Contractor Vaccine Mandate in Kentucky, Ohio, And Tennessee

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As a result of a somewhat surprising ruling from a federal court judge in Kentucky Tuesday, the federal government is currently blocked from enforcing the vaccine mandate for federal contractors and subcontractors in all...more

Bass, Berry & Sims PLC

States Have Joined the Fight to Challenge the Government Contractor Vaccine Mandate

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At the end of October 2021, four complaints were filed by almost 20 states challenging the government contractor vaccine mandate. While some have suggested that these states, led by Republican governors, filed the suits for...more

Manatt, Phelps & Phillips, LLP

Court Refuses to Halt Employer’s Mandatory Vaccination Policy

In one of the first cases involving a request for an injunction against a private employer’s vaccine mandate, a federal court refused to put a stop to the employer’s mandatory vaccination policy....more

Tucker Arensberg, P.C.

Another Lockdown Lifted: Are These Government Bans Constitutional?

Restauranteurs across Pennsylvania breathed a collective sigh of relief this week as the three-week ban on indoor dining ordered by Governor Tom Wolf and Secretary of Health Rachel Levine came to an end. A struggling industry...more

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

Civil Rights Lawsuit Filed to Strike Down EO 13950

On October 29, 2020, the National Urban League and the National Fair Housing Alliance (represented by the NAACP Legal Defense and Education Fund, Inc.) filed a complaint challenging the constitutionality of Executive Order...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 18, 2020

This 18th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us return to what, even in these early days of the pandemic, must be considered as some of the hottest topics. Thus, we discuss new...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 16, 2020

This 16th edition of Unprecedented, our weekly update on COVID-19-related litigation, discusses claims ranging from insurance coverage disputes to prisoners’ rights. The top story this week, however, is undoubtedly a Michigan...more

Spilman Thomas & Battle, PLLC

COVID-19 Litigation Trends, Issue 14

This 14th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. Employers are facing claims for both doing too much and too little in response to the COVID-19 pandemic....more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 7

This seventh edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a continuation of the trend we identified last week: shutdown challenges, workers' compensation claims, and wrongful death lawsuits...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 6

This sixth edition of Unprecedented, our weekly update on COVID-19 litigation, sees us reporting on many of the same types of cases. Consumers continue to seek refunds for goods and services that have been disrupted by the...more

Spilman Thomas & Battle, PLLC

The U.S. Supreme Court Sides with PA on the Shutdown Showdown—for Now

On referral from Justice Alito to the full court, the Supreme Court of the United States on Wednesday denied an application to halt the enforcement of Pennsylvania Governor Wolf’s shutdown order. As we reported earlier, the...more

Spilman Thomas & Battle, PLLC

Challenges to Shutdown Orders Reach the U.S. Supreme Court

On April 27, 2020, a group of petitioners asked the Supreme Court of the United States to stay the enforcement of Pennsylvania Governor Tom Wolf’s March 19, 2020, executive order that closed many of the Commonwealth’s...more

BCLP

U.S. Businesses Challenge Government Orders in Attempt to Continue Operations

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Shelter-in-place and social distancing have become the new normal as we try to combat the spread of the coronavirus-19/COVID-19 in the U.S. Many state governments have implemented stay-home or shelter-in-place orders to try...more

Littler

Third Circuit Lifts Preliminary Injunction and Green Lights Philadelphia’s Salary History Ordinance

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On February 6, 2020, the Third Circuit Court of Appeals upheld Philadelphia’s salary history ordinance and reversed the decision of the United States District Court for the Eastern District of Pennsylvania which had held that...more

(ACOEL) | American College of Environmental...

Court-Ordered Reductions Of Greenhouse Gases? The Urgenda And Juliana Decisions

Two major climate change cases were decided in the last month—State of the Netherlands v. Urgenda (Dec. 20, 2019) and Juliana v. United States (Jan. 17, 2020).  They illustrate sharply contrasting views about the role of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Regional Solid Waste Management Districts: Arkansas Court of Appeals Addresses Dispute Over Statutory Fee Allocation

The Arkansas Court of Appeals (“Court”) addressed in an October 30th opinion a dispute between the Benton County Regional Solid Waste Management District (“Benton District”) and the Boston Mountain Regional Solid Waste...more

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