ALERT: court acts in case brought to bar mandatory COVID vaccines as a violation of the EUA Law.

EMPLOYER-mandated covid vaccine: legal or not?

In our post on Friday 3/12/2021, we told you about a case brought in federal court in New Mexico. The plaintiff employee filed suit, alleging that a mandatory COVID vaccine violates the Emergency Use Authorization Law (see the post for more details). The suit was filed 2/28/2021. On 3/4/2021, the judge assigned to the case denied the request for a temporary injunction (embedded within the complaint, not filed as part of a separate motion) without the defendant employer having a chance to respond. The judge ordered that the employer file any brief in opposition to the TRO request on/before 3/15/2021 and that the employee file any reply on/before 3/19/2021. None of this touches on the underlying issue (whether or not the employer-mandated vaccine violates the EUA Law), but it is interesting and instructive to follow as TROs under federal law have the same prerequisites nationwide. Stay tuned.

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