Contracting In The Fog of War: Recovering Costs Related to COVID-19
- Like the COVID-19 virus, COVID-related contract claims have not gone away. In “ Contracting in the Fog of War: Recovering Costs Caused by an Epidemic ,” we reported on Pernix Serka Joint Venture v. Department of State , CBCA No. 5683, 20-1 BCA ¶... ›
President Biden Revokes Federal Contractor Vaccine Mandate
By: Joseph R. Palmore, J. Alex Ward, Krista A. Nunez and Roke Iko
On May 9, 2023, President Biden issued a highly anticipated Executive Order formally revoking the federal contractor COVID-19 vaccine mandate (Executive Order 14042) and the federal employee COVID-19 vaccine mandate (Executive Order 14043). The decision marks a significant shift in the administration’s earlier stance... ›Ninth Circuit Dissolves Preliminary Injunction of EO 14042 Contractor Vaccine Mandate
By: J. Alex Ward, Joseph R. Palmore and Krista A. Nunez
On April 19, 2023, the U.S. Court of Appeals for the Ninth Circuit deviated from its sister circuits and reversed the Arizona district court’s preliminary injunction of the contractor COVID-19 vaccine mandate issued pursuant to Executive Order 14042 (“Contractor Mandate”). This decision has created a... ›Sixth Circuit Follows Suit in Affirming Preliminary Injunction of Contractor Vaccine Mandate
By: Joseph R. Palmore, J. Alex Ward, Krista A. Nunez and Roke Iko
On January 12, 2023, the U.S. Court of Appeals for the Sixth Circuit joined the Fifth and Eleventh Circuits in upholding a preliminary injunction against the enforcement of the Biden Administration’s effort to impose on federal contractors a variety of COVID-19 safety-related protocols, including... ›Fifth Circuit Affirms Preliminary Injunction of Contractor Vaccine Mandate
A divided panel of the U.S. Court of Appeals for the Fifth Circuit on December 19, 2022, upheld a preliminary injunction of Executive Order 14042, halting the Biden administration’s effort to impose on federal contractors a variety of COVID-19 safety protocols. Over the dissent... ›EO 14042: OMB Guidance Keeps Enforcement on Hold “At This Time”
By: J. Alex Ward, Krista A. Nunez and Roke Iko
On October 19, 2022, the U.S. Office of Management and Budget (OMB) published its first set of interim guidance for agencies regarding the Federal Government’s enforcement of Executive Order 14042 (“EO 14042”). In addition to reaffirming the Federal Government’s decision not to enforce any contract... ›Executive Order 14042: Return of the Patchwork Preliminary Injunctions
By: J. Alex Ward, Joseph R. Palmore and Krista A. Nunez
On October 14, 2022, the Safer Federal Workforce Task Force (“Task Force”) published yet another update for Federal contractors regarding the Federal Government’s approach to enforcing Executive Order 14042 (“EO 14042”) in light of the “potential narrowing of the existing nationwide injunction on October 18, 2022,”... ›Nationwide Preliminary Injunction of Contractor Vaccine Mandate Remains Intact—For Now
By: Joseph R. Palmore, J. Alex Ward and Krista A. Nunez
Last Friday, the Federal Government filed a status report with the U.S. District Court for the Western District of Oklahoma, identifying both its position with respect to the litigation and whether the United States intends to take any further action to implement or enforce... ›Eleventh Circuit Narrows Scope of Nationwide Preliminary Injunction of Contractor Vax Mandate
By: Joseph R. Palmore, J. Alex Ward and Krista A. Nunez
In a long-awaited decision, on August 26, 2022, the United States Court of Appeals for the Eleventh Circuit significantly narrowed the scope of a nationwide preliminary injunction of the vaccine mandate in Executive Order 14042, the Biden Administration’s effort to impose on federal contractors... ›Eleventh Circuit Hears Oral Argument in EO 14042 Preliminary Injunction Appeal
By: Joseph R. Palmore, J. Alex Ward and Krista A. Nunez
Lawyers for the U.S. government and challengers to the federal contractor vaccine mandate both faced tough questions from an Eleventh Circuit panel in Atlanta, Georgia on Friday, April 8, 2022. The appeal from the Southern District of Georgia’s decision preliminarily enjoining Executive Order 14042... ›