KMK Law Complex Litigation Blog

On December 8, 2020, the Associated General Contractors of America, Inc. (“AGC”) filed suit in the United States District Court for the District of Columbia against the Small Business Administration (“SBA”) and Office of Management and Budget (“OMB”).[1] The lawsuit seeks declaratory and injunctive relief prohibiting the SBA from using a “Loan Necessity Questionnaire” to collect information from borrowers who received Paycheck Protection Program (“PPP”) loans in excess of $2 million.

During the summer, Ohio Governor Mike DeWine and the Ohio Liquor Control Commission instituted new rules governing alcohol sales.  The emergency measure, intended to combat the spread of COVID-19, mandated that all alcohol-serving establishments cease alcohol sales at 10 p.m.^[1]  The primary targets of the order were bars and restaurants which, according to the Governor, had contributed to outbreaks in Cleveland, Columbus, and Toledo.^[2]  Customers could be served until 10 p.m., but had until 11 p.m. to finish their drinks.

The last-call order was to remain in effect for 120 days ...