Lots of good stuff has been happening on in the courts in the last couple of weeks.
5th Circuit's order in BTS Holding v. OSHA on 11-12, enjoining the OSHA mandate.
Judge Winsor's order on 11-12, rejecting the claim rejected a claim by the U.S. Department of Defense (DOD) that the Pfizer-BioNTech COVID-19 vaccine being administered under Emergency Use Authorization is interchangeable with Pfizer’s Comirnaty vaccine.
Judge Merryday's order on 11-22, requiring the military branches to provide information about exception grants on a schedule to prove the exception grant process is not "a ruse."Biden Administration's kicking of the can on the federal employee mandate out until January.Judge Schelp's order on 11-29, enjoining the federal healthcare worker mandate in 10 states.Judge Doughty's order on 11-30, enjoining the federal healthcare worker mandate in all other states.Judge Tatenhove's order on 11-30, enjoining the federal contractor mandate in 3 states.
Hopefully one of the challenges to the federal employee mandate turns the corner soon. I am aware of 12.
- Brnovich v. Biden, filed by Attorney General of Arizona, on 9-14, No. 21-1568 (D. Ariz.) ("Defendants’ imposition of vaccine mandates on U.S. citizens and lawfully employed aliens, but not on unauthorized aliens at the border or already present in the United States, constitutes discrimination on the basis of national origin and alienage in violation of the Equal Protection Clause.") See his 10-22 motion for TRO ; Order granting leave to file amended complaint and new motion for preliminary injunction 11-10; Amended Complaint; Motion for Preliminary Injunction 11-19;
- GREGG COSTIN, et al. v. Biden filed by Michael Yoder on 9-23 (D.C.), 1:21-cv-02484
- Foley v. Biden, filed by David Foley and Daniel Flickinger on 9-29 (Northern District of Texas) 4:21-cv-01098-O, See Defendant's Response, the Judge's Order, and Plaintiff's Response to that Order, and Defendant's Response to Plaintiff's Motion; Plaintiff's second motion to amend and draft amended complaint; Defendant's request for extension of time to file answer to original complaint in light of potential amendment 11-22; Plaintiff's opposition to Defendant's request for extension 11-23; Defendant's Reply re extension of time 11-24; Order granting motion for extension in part 11-29
- Navy Seal, et al v. Biden filed by Liberty Counsel on 10-15 (Middle District of Florida) 8:21-cv-02429; Order denying prelim injunction, deferring judgment in part (military only), and ordering information about exemption requests provided on schedule (military only); Defendant opposition to class certification and exhibits 12-3
- ALTSCHULD ET AL v. RAIMONDO et al (D.C.) filed by the Federal Practice Group on 10-19, 1:2021cv02779, Defendant Response to motion for preliminary injunction ;exhibits11-3; Order denying preliminary injunction 11-8
- Rydie et al v. Biden et al
Employee A v. Biden, filed by Jonathan Bolls on October 19, 2021 (Maryland) 8:2021cv02696, see motion for TRO; Biden response in opposition 11-12; Plaintiff Reply; Order Denying TRO 11-19 - Church v. Biden, filed filed by Michael Yoder on 10-24 (D.C.)1:21-cv-02815, as reported by Under Cover DC; Plaintiffs’ application for a temporary restraining order; opposition from the Defendants; Plaintiff's Response 11-3; Memorandum Order denying preliminary injunction 11-8
- Smith v Biden, 1:21-cv-19457-CPO-SAK filed 10-29 (NJ); brief in support motion for injunction with exhibits; opposition to motion for injunction 11-5; Reply to motion in opposition 11-6; Order denying injunction 11-8;
- AFGE Local 501 et al v. Biden et al filed by Mark Berkowitz on behalf of AFGE Local 501 and Council of Prison Locals CPL 33 on 10-30 (Southern Florida) 1:21-cv-23828-JAL, Motion for Preliminary Injunction, Order denying preliminary injunction (11-15)
- James Joseph Rodden, et al. v. Dr. Anthony Fauci, et al. filed by John J. Vecchione, Jenin Younes, and Harriet Hageman of New Civil Liberties Alliance and Robert Henneke of Texas Public Policy Foundation on November 5, 2021 (Southern District of Texas) 3:21-cv-00317; Defendant's response in opposition to motion for preliminary injunction, exhibits; Plaintiff's reply and exhibit; Order denying injunction 11-27-21
- Payne v. Biden, filed by Reed Rubinstein for America First Legal Foundation on November 22, 2021 (D.C.) 1:21-cv-03077; Plaintiff's motion for Summary Judgment (Nov 24); Memo in support of motion for summary judgment
- AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES COUNCIL OF PRISON LOCALS 33 and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 2018 v. DIRECTOR KIRAN AHUJA, JOSEPH R. BIDEN, Attorney General MERRICK B. GARLAND and LLOYD AUSTIN, filed by Bruce L. Castor, Jr. Michael T. van der Veen on behalf of Council 33 and Local 2018 on November 23, 2021 (E.D. Pa) 2:2021cv05172
I keep the list updated here: https://laborrelated.blogspot.com/2021/10/list-of-law-suits-filed-by-federal.html
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