Tag Archives: Preliminary Injunction

Split Eleventh Circuit Panel Holds That Nationwide Injunction of a Federal Vaccine Mandate in Louisiana Court Does Not Moot Issue of an Emergency Injunction Pending Appeal in Florida, Casting Doubt on Propriety of the Louisiana Court’s Nationwide Order

In a 94-page order about whether to grant the State of Florida an injunction pending appeal of the federal government’s COVID-19 vaccine mandate in hospitals, a split panel in State of Florida v. Dep’t of Health and Human Servs., No. 21-10498 (11th Cir. Dec. 6, 2021), holds that the entry of a “nationwide” injunction ofContinue reading “Split Eleventh Circuit Panel Holds That Nationwide Injunction of a Federal Vaccine Mandate in Louisiana Court Does Not Moot Issue of an Emergency Injunction Pending Appeal in Florida, Casting Doubt on Propriety of the Louisiana Court’s Nationwide Order”

Ninth Circuit Vacates Preliminary Injunction Ordering Los Angeles to House All Local Homeless, Faulting the Lower Court for “Impermissibly Resort[ing] to Independent Research and Extra-Record Evidence.”

In LA Alliance for Human Rights v. County of Los Angeles, No. 21-55395 (9th Cir. Sept. 23, 2021), the panel eviscerated a preliminary injunction won by a group of homeless advocates, holding that the district court made findings based on its own research, based on claims not raised by the plaintiffs. “Nearly one in fourContinue reading “Ninth Circuit Vacates Preliminary Injunction Ordering Los Angeles to House All Local Homeless, Faulting the Lower Court for “Impermissibly Resort[ing] to Independent Research and Extra-Record Evidence.””

Opening a Trap for the Unwary, the Eighth Circuit Holds That the Fourteen-Day Period to File a Fee Petition Under Fed. R. Civ. P. 54 Applies to Preliminary Injunctions

In Spirit Lake Tribe  v. Jaeger, No. 20-2142 (8th Cir. July 16, 2021), the Eighth Circuit holds that a fee petition for work performed on a preliminary injunction must be submitted within 14 days of the interlocutory order, rather than waiting until the final judgment, contrary to the Advisory Committee Note’s commentary. “The plaintiffs suedContinue reading “Opening a Trap for the Unwary, the Eighth Circuit Holds That the Fourteen-Day Period to File a Fee Petition Under Fed. R. Civ. P. 54 Applies to Preliminary Injunctions”