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  Chamber of Commerce of the United States of Am. v. Napolitano, Case No. 09-2006 (9/9/09)
Jackson Lewis LLP - September 15, 2009 The U.S. Court of Appeals for the Fourth Circuit has denied an emergency injunction staying implementation of the federal contractor E-Verify rule pending appeal of the district court’s decision which rejected a claim by the Chamber of Commerce that the rule was unlawful. Chamber of Commerce of the USA v. Napolitano, No. 09-2006 (Sept. 9, 2009). The district court found the plaintiffs did not satisfy the four elements required to grant a preliminary injunction: (1) likelihood of success on the merits, (2) likelihood that the plaintiffs would suffer irreparable harm without the injunction; (3) that the balance of equities tips in the plaintiffs’ favor; and (4) that the injunction is in the public interest.  Fourth Circuit Refuses to Stay Implementation of Federal Contractor E-Verify Rule.Ford & Harrison LLP - September 11, 2009 The U.S. Court of Appeals for the Fourth Circuit has denied a motion to stay implementation of the federal contractor E-Verify rule pending resolution of challenges filed by the U.S. Chamber of Commerce and several business groups. See Chamber of Commerce of the United States of Am. v. Napolitano, Case No. 09-2006 (9/9/09). Accordingly, the E-Verify rule – which took effect on September 8, 2009 – remains in effect for qualifying federal contracts and subcontracts entered into on or after that date.
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