By: Philip A. Toomey, Esq.
As previously reported, 26 states (and numerous individuals, business and trade groups) have filed four separate petitions challenging the OSHA COVID-19 Emergency Temporary Standard in different federal appellate courts. Today litigation was filed in two new circuits. Effectively, the ETS is now being challenged in 12 separate litigations pending in six separate circuits. The Judicial Panel on Multidistrict Litigation has announced the consolidation lottery selecting where all challenges will be heard will occur on November 16. It is also anticipated that the 5th Circuit will take further action on the temporary stay before November 12. Any issues regarding the stay may be reviewed further after the lottery and consolidation of cases.
Leech Tishman will keep you updated as matters progress.
Employers with questions related to COVID-19 and the workplace following the ETS, or other questions related to employment law, should contact Philip Toomey.
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Leech Tishman Fuscaldo & Lampl is a full-service law firm dedicated to assisting individuals, businesses, and institutions. Leech Tishman offers legal services in business restructuring & insolvency, corporate matters, employment & labor, estates & trusts, intellectual property, litigation & alternative dispute resolution, and real estate. In addition, the firm offers a wide range of legal services to clients in the aviation & aerospace, cannabis, construction, energy & natural resources, healthcare, and hospitality industries. Headquartered in Pittsburgh, PA, Leech Tishman also has offices in Chicago, Los Angeles, New York, Philadelphia, Sarasota, Washington, D.C. and Wilmington, DE.