Tag Archives: mandate

The Sixth Circuit Vacates The Stay Of OSHA’s Mandate, But OSHA Delays Implementation Until January

As you probably know by now, the Sixth Circuit vacated the stay of OSHA’s vaccine mandate on Friday evening, allowing OSHA to move enforce its regulation, with an substantial, careful opinion by Judge Stranch (who was joined by Judge Gibbons) finding that OSHA has the statutory authority to issue and enforce the emergency temporary standard.  … Continue Reading

Appellate Waiver and the Mandate Rule

The Sixth Circuit’s decision in Owner Operator Independent Drivers Assoc. v. Comerica Bank, presents interesting issues about the need for cross appeals and the mandate rule.  In a prior appeal, the district court found that the defendant was liable for $5.5 million in damages on one theory, but entered judgment for the defendant on another … Continue Reading