Yesterday, November 16, the U.S. Judicial Panel on Multidistrict Litigation (the “Panel”) held a lottery to select the federal appeals court to address the 34 petitions seeking review of the COVID-19 Vaccination and Testing Emergency Temporary Standard (“ETS”). Since the ETS was published on November 5, 34 petitions had been filed in 12 different federal appeals courts seeking relief from the ETS. Such legal actions were filed by state attorneys general, employers, unions, and other organizations.
As a result of yesterday’s lottery, the U.S. Court of Appeals for the Sixth Circuit was randomly selected. To continue reading, click here.