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17 Nov 2021, 4:50 pm by Josh Blackman
Her actions directly bypassed a three-judge panel from hearing the matter initially. [read post]
17 Nov 2021, 7:04 am by Andrew L. Levy and Bill Boak
The make-up of the Sixth Circuit Court of Appeals leans conservative, but the matter will be decided by a panel of three judges that is yet to be determined. [read post]
15 Nov 2021, 10:26 am by Grant T. Collins, Felhaber Larson
In its latest decision, the three-judge panel seemed to suggest the petitioners had the better arguments. 5th Circuit: ETS Constitutionally ‘Dubious,’ ‘Fatally Flawed The 5th Circuit questioned whether OSHA (or even Congress) has the constitutional authority to “make sweeping pronouncements on matters of public health affecting every member of society in the profoundest of ways. [read post]
15 Nov 2021, 6:23 am by Leiza Dolghih
The Fifth Circuit also went over several public statements issued by OSHA previously that contradicted its current Mandate, such as a statement by OSHA’s Principal Deputy Assistant Secretary in May 2020 acknowledging as a general matter that it “would not be necessary for OSHA to issue an ETS to protect workers from infectious diseases” because “OSHA lacks evidence to conclude that all infectious diseases to which employees may be exposed at a workplace constitute a… [read post]
15 Nov 2021, 6:23 am by Leiza Dolghih
The Fifth Circuit also went over several public statements issued by OSHA previously that contradicted its current Mandate, such as a statement by OSHA’s Principal Deputy Assistant Secretary in May 2020 acknowledging as a general matter that it “would not be necessary for OSHA to issue an ETS to protect workers from infectious diseases” because “OSHA lacks evidence to conclude that all infectious diseases to which employees may be exposed at a workplace constitute a… [read post]
12 Nov 2021, 6:23 am by Pamela Wolf
Further, the federal court chosen to adjudicate the ETS-related matters will have enough time to rule on any preliminary motions, the opposition filing states. [read post]
12 Nov 2021, 6:23 am by Pamela Wolf
Further, the federal court chosen to adjudicate the ETS-related matters will have enough time to rule on any preliminary motions, the opposition filing states. [read post]
11 Nov 2021, 9:03 pm by Laura Welborn
Department of Justice filed a response to the court’s decision, arguing that OSHA was within its rights to issue the standard because it was “necessary to address a grave danger. [read post]
11 Nov 2021, 3:11 am by SHG
No matter how well prepped, how sincere, how innocent (or guilty), it’s a crap shoot. [read post]
8 Nov 2021, 1:12 pm by James W. Ward
Just one day later, on November 6, 2021, the Fifth Circuit Court of Appeals issued a short order putting the rule on hold, citing potential “grave statutory and constitutional issues. [read post]
8 Nov 2021, 9:21 am by Jason Shinn
Shinn has represented companies and individuals concerning the issues discussed above and other employment matters under federal and Michigan employment laws. [read post]
8 Nov 2021, 6:06 am
The first response came from the Fifth Circuit, which issued an emergency stay citing the petitioners' belief that there are "grave statutory and constitutional issues. [read post]
8 Nov 2021, 6:06 am
The first response came from the Fifth Circuit, which issued an emergency stay citing the petitioners' belief that there are "grave statutory and constitutional issues. [read post]
4 Nov 2021, 2:30 pm by Ilya Somin
The best example is OSHA's bloodborne pathogen rule… I also do not think it matters that employees may voluntarily take actions to protect themselves. [read post]
4 Nov 2021, 11:30 am by Marina Wilson
Legal Entertainment Videos The King Firm @thekingfirm Don’t open dat grave! [read post]
4 Nov 2021, 7:58 am by Cynthia Marcotte Stamer
The ETS establishes workplace vaccination, vaccination verification, face covering and testing requirements to address “the grave danger of COVID-19 in the workplace for employers of 100 or more employees. [read post]
3 Nov 2021, 11:39 am by Eugene Volokh
From Fifth Circuit Judge James Ho's Monday opinion, joined by Judge James Graves, in Villarreal v. [read post]
1 Nov 2021, 5:45 pm by Amy Howe
” Stressing that the case “presents questions about the right of public access to Article III judicial proceedings of grave national importance,” but also about “the power of this Court to review the work of Article III judges in a subordinate court,” Gorsuch asked, “If these matters are not worthy of our time, what is? [read post]