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A 28-page petition asks the full 11th U.S. Circuit Court of Appeals to issue an injunction that at least would put the rule on hold while an underlying appeal is decided.
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The panel ruled a federal judge in Louisiana went too far in issuing a nationwide stay. As a result, the injunction continues to apply to 14 states involved in the case, but not other states such as Florida.
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Sunday’s decision does not mean the Biden administration can move forward with the requirement because a Louisiana federal judge issued a nationwide preliminary injunction.
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Florida's attorney general's office wants an appellate court to take up its challenge to the federal mandate because a nationwide injuction issued by a Louisiana judge will likely be appealed.
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The 11th U.S. Circuit Court of Appeals issued a notice that arguments will be held the week of Feb. 7 in Miami.
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The agency says that since a federal appeals court ordered a stay that it “has suspended activities related to the implementation and enforcement” until further court order.
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In a process resembling a Powerball drawing, ping pong balls with the names of a dozen federal appeals courts were placed into a wooden raffle drum on Tuesday before a winner was drawn.
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In a letter to the 11th U.S. Circuit Court of Appeals, attorneys for the Biden administration say the rule is expected to save thousands of lives.
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The 5th U.S. Circuit Court of Appeals had granted an emergency stay of the requirement by OSHA companies with at least 100 employees require COVID vaccines by Jan. 4.
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Leon’s withdrawal leaves only four districts continuing with the appeal: Miami-Dade, Broward, Alachua, and Duval.