Topic
Injunction
719 published works
Reverse & Render
Temporary injunctions must strictly follow the rules
A couple of weeks ago, I blogged about a Dallas Court of Appeals opinion holding that a temporary injunction that fails to set a trial date on the merits is a…
Delaware Corporate & Commercial Litigation Blog
Chancery Denies Injunctive Relief for Issuance of Convertible Note as Security in Violation of Agreement Due to Risk of Bankruptcy
Fletcher Int’l, Ltd. v. ION Geophysical Corp., C.A. No. 5109-VCP (Del. Ch. March 24, 2010), read letter decision here. This 15-page letter decision from the Court of Chancery addresses the issue of…
Reverse & Render
Temporary injunction that fails to include a trial setting is void
The Dallas Court of Appeals held that a temporary injunction order that does not on its face set the cause for trial on the merits or fix the amount of…
Smooth Transitions
Courtroom Observations: Non-Compete TROs.
By Rob Radcliff
Over the last few weeks I've been involved in defending and applying for temporary restraining orders in non-compete/trade secret cases in Houston and Dallas County District Courts. A few…
Media Law Prof Blog
The Test For an Interluctory Injunction in Australian Defamation Law
David Rolph, University of Sydney Faculty of Law, has published "Showing Restraint: Interlocutory Injunctions in Defamation Cases," at 14 Media and Arts Law Review 255 (2009). Here is the abstract.The proper…
Delaware Corporate & Commercial Litigation Blog
Court Finds No Irreparable Harm; Declines To Expedite Action Challenging Stock Option Plan
Retirement Board of Allegheny County v. Rothblatt, et al., No. 4946-CC (Del. Ch., Oct. 13, 2009), read opinion here. Kevin Brady, a distinguished Delaware litigator, provides this case synopsis. Plaintiffs asked for…
Food Liability Law
Challenges of a Lanham Act Injunction in Food Cases: Lessons from an Advertising Battle Between Two Major Consumer Products Companies
By Kenneth Odza
The recent decision in Stokely-Van Camp, Inc. v. Coca-Cola Co. (i.e., Gatorade vs. Powerade) illustrates the hurdles a company has to overcome to convince a court to stop a competitor from…
West Virginia Business Litigation
Fourth Circuit Establishes New, Stricter Standard for Injunctive Relief
My thanks to Mack Sperling at North Carolina Business Litigation Report and Rob Hoskins at ERISABoard for the heads-up on a new decision from the Fourth Circuit Court of Appeals…
Colorado Non-Compete Law Blog
TRO Issued to Preserve Evidence
By Dan Warden
Once an employer becomes suspicious that former employees are acting wrongfully, employers often consider seeking injunctive relief ex parte or prior to providing notice to the employee. Significant hurdles must…
North Carolina Business Litigation Report
There’s A New Standard For Injunctive Relief In The Fourth Circuit (In Other Words, Blackwelder Is Dead)
If you've practiced in federal court in North Carolina for any period of time -- or anywhere in the Fourth Circuit for that matter -- you are familiar with the…