On October 29, 2021, the Second Circuit vacated the Southern District of New York’s decision and remanded with instructions to dismiss the case as moot. This was a setback for WLF, which had urged the Court to reverse the decision. A group of States sued the Department of Labor after it issued a revised joint-employer rule. After finding the States had standing, the lower court invalidated the rule. WLF’s amicus brief showed that a State’s choice to update state rules is not a direct Article III injury. Because the Second Circuit did not address the standing argument, more States will now sue to block rules that do not cause them an Article III injury.
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