Wondering why the FTC has not yet dismissed its appeals of the rulings on the FTC’s noncompete ban in the 5th Circuit (Ryan) case or the 11th Circuit (Properties of the Villages) case? Me too.
The Small Business Majority seeks to intervene to pick up the ball on the FTC’s likely soon-to-be-abandoned appeal of the noncompete rule decisions. No surprise the FTC and other parties oppose.
Even though the federal court in Texas vacated the FTC’s noncompete rule in Ryan, LLC v. FTC, the continued pursuit of ATS Tree Services case by the plaintiff in the federal court in Pennsylvania may needlessly revive the nationwide confusion that existed before the decision.
ATS Tree Services explains the irreparable harm it faces, while the FTC claims there is now a higher burden for a preliminary injunction in the 3rd Circuit.
Five amicus briefs have been filed in the FTC noncompete litigation. Collectively, they highlight arguments similar to those previously made to and erroneously rejected by the FTC.