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2nd Circuit defers to executive will on application of sovereign immunity
The Second Circuit recently held that federal common law protections of sovereign immunity did not preclude prosecution of a state-owned foreign corporation.
United States | Publication | November 8, 2021
On November 6, 2021, the Fifth Circuit Court of Appeals granted a nationwide stay of the Occupational Health and Safety Administration (OSHA)'s Emergency Temporary Standard (ETS) vaccine-or-test mandate that was issued on November 5, 2021. The court granted the nationwide stay due to "grave statutory and constitutional issues" with the mandate.
The emergency stay was requested by numerous petitioners, including the Attorneys General for the states of Texas, Louisiana, Mississippi, South Carolina, Utah and several private entities. The federal government must respond to the petitioners' motion for a permanent injunction by 5:00 pm today, to which petitioners may file their reply brief by 5:00 pm tomorrow, Tuesday, November 9, 2021.
Until the courts provide further notice, employers need not begin enforcing OSHA's vaccine-or-test mandate.
Special thanks to law clerk Michelle Avidisyans (Los Angeles) for her assistance in the preparation of this content.
Publication
The Second Circuit recently held that federal common law protections of sovereign immunity did not preclude prosecution of a state-owned foreign corporation.
Publication
Facing the fast-growing development of AI across the globe, particularly Generative AI (GenAI), the G7 competition authorities and policymakers (Canada, France, Germany, Japan, Italy, the UK and the US) and the European Commission met in Italy on 3-4 October 2024 to discuss the main competition challenges raised by these new technologies in digital markets.
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