Topic
Injunction
719 published works
The IP Law Blog
The First Amendment and Anti-Trust False Advertising Injunctions
By James Kachmar Although courts routinely grant permanent injunctions to curtail deceptive marketing practices, they sometimes struggle with whether an injunction impermissibly violates a party’s rights under the First Amendment.…
Patents Post-Grant
Permanent Injunction Status Linked to Patent Reexamination
Final Patent Reexamination Result to Dissolve Injunction A defendant's request to delay entry of a permanent injunction until reexamination concludes is more likely to be well-taken by a district court…
Delaware Corporate & Commercial Litigation Blog
Chancery Denies Request for Status Quo Order; Defendant Not Impecunious Enough to Satisfy Irreparable Harm Test
Sagarra Inversiones, S.L. v. Cementos Portland Valderrivas, S.A., No. 6179-VCN (Del.Ch. July 7, 2011), read letter ruling here. Issue Addressed When is the poor financial condition of a defendant "poor enough"…
The Trade Secret Litigator
Advanced Equities v. Felix Investments: Protecting Trade Secrets Pending Arbitration
By John Marsh
To preserve your client's trade secrets during arbitration, it may be necessary to first get a TRO from a court
Class Actions Insider
Injunctions of State Court Proceedings Pending Approval of a Proposed Class Action Settlement in Federal Court: Injunction Issued in Chinese Drywall MDL
When a federal court grants preliminary approval to a proposed class action settlement, can it enjoin parallel state court proceedings while the notice and final approval process take place? Judge…
Delaware Corporate & Commercial Litigation Blog
Court of Chancery Denies Motion for Preliminary Injunction; Finds Revlon Applies When Merger Consideration is Evenly Split Between Cash and Stock
On May 24, 2011, in In Re Smurfit-Stone Container Corp. Shareholder Litigation, C.A. No. 6164-VCP, the Court of Chancery denied a motion for preliminary injunction and a request that the…
Local Open Government Blog
“By Anonymous” Does Not Work Under Washington Law For Inmates Objecting to a Request for an Injunction Against Abusive Use of The Public Records Act
By Will Patton
In the context of a public agency seeking an injunction to prohibit repeated requests for public records by an inmate of a state prison, a court is permitted to consider…
Civil Procedure & Federal Courts Blog
SCOTUS Decision in Smith v. Bayer
By Civil Procedure & Federal Courts Blog
Today the Supreme Court issued a unanimous decision in Smith v. Bayer Corp. (09-1205), a case covered earlier here. Justice Kagan’s opinion begins:In this case, a Federal District Court enjoined…
Media Law Prof Blog
Can Twitterers Who Tweet Contrary To Injunctions Be Swatted?
From the Guardian: (British) Attorney General Dominic Grieve says Tweeters who breach gag orders and reveal information that courts have ordered kept secret via injunctions could be prosecuted. However, at…
Trade Secrets & Employee Mobility
Third Circuit: Breach of Independent Contractor Agreement Provides Basis to Deny Request for Injunctive Relief
Will treating an individual as an employee rather than an independent contractor - when the parties have agreed to an independent contractor arrangement - preclude enforcement of a non-compete agreement?…