Antitrust Plaintiffs Ask Federal Judge to Ground United-Continental Merger Sep 1, 2010
He noted in opening arguments that he brought the claim under Section 16 of the Clayton Act, which provides for injunctive relief, because the plaintiffs haven't yet been harmed. "We don't know what is going to happen," Alioto told the judge. (Law.com)
Failure to Notify Bankruptcy Court of Discrimination Suit Knocks Out Damages Aug 31, 2010
In a novel approach to applying the doctrine of judicial estoppel, a federal judge has ruled that a plaintiff in a pregnancy discrimination suit who failed to inform the Bankruptcy Court of her pending discrimination claims must be barred from seeking any compensatory damages in that case, but should still be allowed to pursue declaratory and injunctive relief ... But DuBois also found that Hardee-Guerra may have a valid claim of pregnancy discrimination and therefore should be allowed to pursue... (Law.com)
Judge Denies Sanofi's Request to Stop Generic Rival Aug 27, 2010
The company's case against the FDA will continue to move forward, even without preliminary injunctive relief. Sanofi-Aventis believes that this case poses a number of significant questions regarding the FDA review process for complex pharmaceutical products which are important to pursue. (Law.com)
EDCI Holdings, Inc. Announces Interim Injunction Settlement with Universal International Music B.V. on NDU Matter Aug 24, 2010
EDC Hannover believes UIM's plans would result in the removal of approximately 40% of the annual distribution volume EDC Hannover previously has provided to UIM.However, based on correspondence from UIM citing their legal grounds for their plan, and after consultation with counsel, EDC Hannover believes that substantially all of such units are part of the contractually committed volumes under the appropriate agreements, and thus EDC Hannover determined to pursue legal remedies should UIM... (Yahoo! Wire -- Entertainment News)
Texas Bar Turns Over 63,000 Member E-Mail Addresses to Law Student Aug 21, 2010
As noted in the original petition, von Wilpert seeks a declaratory judgment that the defendants violated the Public Information Act and injunctive relief to require release of the information. But the State Bar voluntarily released the e-mail addresses. (Law.com)
Major Lindsey Files Racketeering Suit Against Ex-Director Aug 18, 2010
At the moment, the parties are sparring over whether the case belongs in court or in arbitration, and whether Major Lindsey is entitled to injunctive relief ... The lawsuit seeks injunctive relief and monetary damages. (Law.com)
Settlement possible Aug 15, 2010
But he said the federal government still had "viable" claims and intended to seek injunctive relief; that is, ask the judge to order Erie Coke to refrain from committing environmental violations. On July 12, U.S. District Judge Sean J. McLaughlin ordered the EPA to file a new complaint that outlined its outstanding complaints. (Erie Times-News, PA)
New Jersey Hit With Fees Over Truth-in-Music Law Aug 11, 2010
The Hilton complied, but a day before the first show, Live Gold sued Attorney General Anne Milgram, seeking a temporary restraining order and injunctive relief. That same day, U.S. District Judge Dickinson Debevoise, in Newark, granted a TRO, finding Live Gold was likely to succeed on the merits. (Law.com)
Liberty Media Files Suit Against Indenture Trustee Seeking Declaratory Judgment and Injunctive Relief Aug 7, 2010
The suit, which also seeks related injunctive relief, was filed in response to assertions made by a law firm purporting to represent a holder of a substantial block of Liberty Media, LLC's indebtedness. The consummation of the Split-Off will be conditioned on the resolution of this lawsuit, in addition to the conditions previously disclosed. (Yahoo! Wire -- Entertainment News)
Belk sued over firing in Raleigh Jul 30, 2010
The commission is seeking back pay, reinstatement, compensatory damages and punitive damages for Jones-Abid, as well as injunctive relief. Belk issued a statement denying that it discriminated against Jones-Abid: "Belk does not tolerate unlawful discrimination of any type. The company strongly disagrees with Ms. Jones-Abid's allegations and intends to vigorously defend against her claims.". (Charlotte Business Journal, NC)
Court May Hold Up Executive's New Job due to Trade Secrets Jul 28, 2010
Greenberg found that, applying Pennsylvania law, the "determination of whether to grant injunctive relief in a trade secrets case and, if so, the proper scope of the relief, depends on a highly fact-specific inquiry into the situation in the case the court is considering.". A court conducting such an inquiry, Greenberg said, "has discretion to enjoin a defendant from beginning new employment if the facts of the case demonstrate a substantial threat of trade secret misappropriation.". (Law.com)
City to Pay $6.5 Million to Settle Claims Police Lied in Seeking Warrants Jul 24, 2010
Burris said the plaintiffs are still seeking injunctive relief in court and are asking for more accountability and training for officers. Trial had been set for April 2011. (Law.com)
Steptoe & Johnson Fumes at Nearby Burger Joint Jul 23, 2010
In a Thursday afternoon hearing in D.C. Superior Court, Judge John McAdams Mott delayed a final ruling on whether to grant injunctive relief to Steptoe & Johnson in its dispute with Rogue States, opting instead to urge the parties to come to an agreement. Mott warned that he was inclined to offer injunctive relief to Steptoe based on the allegations of health issues caused by smoke and other fumes coming from the restaurant ... Adler argues that if Steptoe's request for injunctive relief is... (Law.com)
3rd Circuit Tosses $295 Million Antitrust Deal in De Beers Case Jul 14, 2010
U.S. Circuit Judge Marjorie O. Rendell concurred in the judgment, but wrote a separate opinion that said she disagreed with Jordan's decision to undertake his own analyses of predominance and the plaintiffs' entitlement to injunctive relief, rather than allowing the lower court on remand to evaluate these issues in the first instance. The ruling is a victory for attorneys Howard J. Bashman of Willow Grove, Pa. (Law.com)
Big money and Big Sky Jul 10, 2010
The second count asks for preliminary and permanent injunctive relief by protecting the values of its properties and preserving ;the status quo in terms of the use and enjoyment of its properties. . (Princeton Bureau County Republican, IL)
City heads to court as tree preservation ordinance changes proposed (102) Jul 7, 2010
However, he said the city can also seek injunctive relief and civil penalties in civil court in order to enforce its ordinances pursuant to its power as a home rule municipality and powers granted to it in the Local Government Code. Criminal prosecution and civil relief are not mutually exclusive, Bullock said. (Boerne Star, TX)
Red River Valley Fair has expanded ag presence Jul 1, 2010
The court made it pretty clear that standard rules apply and there has to be a balancing of interests before broad injunctive relief can be granted. Snively also expressed hope that this court decision will be considered in the effort to ban the planting of Roundup Ready sugarbeets. (Agri-View, WI)
Suit continues Jun 26, 2010
But he said the federal government still has "viable" claims and intends to seek injunctive relief; that is, ask the judge to order Erie Coke to refrain from committing environmental violations ... "We can't see any injunctive relief that is left," he said. (Erie Times-News, PA)
AEL&P prepared to sue for rate increase Jun 25, 2010
At the pre-hearing, AEL&P attorney Dean Thompson said that if the company can t get a needed increase, it plans to seek injunctive relief in Superior Court. Thompson said AEL&P was not making a threat. (Juneau Empire)
Suit Filed Over Limits on Physician-Owned Hospitals Jun 5, 2010
The plaintiffs are seeking a declaratory judgment that the Physician Hospital Law is an unconstitutional abridgement of the plaintiffs' constitutional rights and injunctive relief to prevent enforcement of the law. Tracy Schmaler, spokeswoman for the U.S. Department of Justice, which represents Sebelius, writes in an e-mail, "The Department of Justice will vigorously defend the health-care reform statute in any litigation challenging it on constitutional or other grounds. We are confident that... (Law.com)
Federal judge answers county on Trinitas case May 27, 2010
There is no allegation concerning the balancing of the hardships between the county and Nemees for injunctive relief, he writes. The case is starting to move through the U.S. Bankruptcy Court Eastern District of California. (San Andreas Calaveras Enterprise, CA)
Interim Attorney Fees Awarded in Consumer Fraud Suit Over Mortgage May 13, 2010
Superior Court Judge Kenneth Levy made the award after granting preliminary injunctive relief for the plaintiffs, saying "the question is ... can the court award counsel fees at this stage in the proceeding, and there is really no case law that's been presented to me that says I cannot do that.". In his motion for the pre-judgment fee award, plaintiffs lawyer , who heads a firm in Springfield, N.J., said there is precedent for interim awards in other fee-shifting cases though none under the... (Law.com)
Sembcorp won't launch voluntary tender offer for Cascal before May 21 May 13, 2010
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IT IS JUST ANOTHER POWER PLAY BY THE BIG BOYS (COMCAST,TIME WARNER) THESE MODEMS... May 3, 2010
Rembrandt has endeavored to become a supposed market participant or direct competitor of the MSOs and/or DOCSIS-compliant equipment manufacturers for the sole purpose of seeking injunctive relief and/or lost profits in its infringement suits, Comcast said in a filing dated May 7. In court filings, Rembrandt denied any wrongdoing. (Multichannel News)
Off the record: Smoke-free state May 1, 2010
If they witness a smoking violation, they can seek injunctive relief (aka stop the smoker) within a 60-day period of said violation. Casinos, cigar bars and retail tobacco stores are exempt from the law (interesting exemption). (Gaylord Herald Times, MI)
SEC sues Goldman Sachs alleging fraud Apr 18, 2010
The SEC complaint, which was filed in the U.S. District Court for the Southern District of New York, charges Goldman and Tourre with securities violations and seeks injunctive relief, disgorgement of profits, prejudgment interest and civil penalties from both defendants. The SEC is continuing its investigation into the practices of investment banks and others that purchased and securitized pools of subprime mortgages and the resecuritized CDO market with a focus on products structured and... (South Florida Business Journal, FL)
3M sues bandage maker over packaging Apr 17, 2010
It s also asked the unspecified damages and for court for preliminary and permanent injunctive relief that prevent Andover from selling product with its current packaging. 3M s lead counsel in the suit is Felicia Boyd, partner in the Minneapolis office of. (Twin Cities Business Journal, MN)
Toll Brothers, bank sued over Hasentree Apr 16, 2010
The lawsuit seeks an unspecified amount of damages and injunctive relief, according to a press release issued by the Raleigh-based Shanahan Law Group. Defendants in the case are SunTrust Banks (NYSE: STI) and its entities that owned and operated Hasentree after taking it over from foreclosure in 2008, including CRM Lasentree LLC and CRM Properties Manager LLC, as well as Toll Brothers. (Triangle Business Journal)
Barrick Gold Fends Off Tribes' Legal Bid for Temporary Nevada Mine Closing Apr 15, 2010
The appeals court ordered Hicks to provide injunctive relief consistent with its opinion. Suspending a project until careful consideration of environmental impacts has occurred comports with the public interest, the appeals court said. (Bloomberg -- Canada)
ACCC proceeds against Malaysian Airlines Apr 13, 2010
7:19PM Tuesday Apr 13, 2010. April 13, 2010 - 5:39PM. (Sydney Morning Herald -- Business)
Former Dickinson Township workers discuss payment Apr 10, 2010
e. an employee) might experience damages as a result of a participant in an executive session disclosing such information, that individual could pursue injunctive relief against that participant, she said. However, Cartwright said during the meeting that Reisinger could address the issue as a private individual but not as a supervisor. (Carlisle Sentinel, PA)
Judge still considering Motion to Dismiss Apr 8, 2010
Congress School District filed the complaint on Jan. 28, for Declaratory and Injunctive Relief. The complaint asked the court to put a stop to nine years of what the district considers harassment repetitive requests for public records that produced more than 100,000 pages of information. (Wickenburg Sun, AZ)
Barrick Mine's Gold Output May be Cut in Half by Judge in Nevada Lawsuit Apr 1, 2010
The appeals court ordered Hicks to provide injunctive relief consistent with its opinion. It left the specifics of such relief to Hicks, saying that suspending a project until careful consideration of environmental impacts has occurred comports with the public interest. (Bloomberg -- Canada)
Hotel ordered to reinstate workers Mar 31, 2010
U.S. District Judge J. Michael Seabright yesterday granted a motion for injunctive relief filed by the National Labor Relations Board against HTH Corp., which owns and operates the 837-room Pacific Beach Hotel in Waik k. On March 8, Seabright issued a temporary order in favor of the NLRB and yesterday denied an attempt by the hotel to dismiss the order. (Honolulu Advertiser)
EarthLink to Pay $3.7 Million to Settle Suit Over Early Termination Fees Mar 30, 2010
The suit sought monetary damages on behalf of customers who had been charged the fees, and injunctive relief seeking to modify EarthLink's practices regarding current and future customers. In February 2009, Fulton County Superior Court Senior Judge Alice D. Bonner, sitting in the court's Business Division, ruled that the dissatisfied customers had voluntarily signed agreements with EarthLink that clearly stated the fees would be applied in the case of early termination and had provided their... (Law.com)
$4.7 Million in Restitution Ordered in Telemarketing Case Mar 23, 2010
"Their history of noncompliance with the law, with other court orders, and with this court's prior orders, supports a finding that violations will likely continue with injunctive relief," Ambrose wrote. Ambrose granted an award of $4,782,011 in restitution "for misrepresentations made regarding the value of the coupons consumers would receive.". (Law.com)
Congress district sues citizens for harrassment Mar 17, 2010
On January 28, the district filed a complaint against four area residents for Declaratory and Injunctive Relief, asking the court to put a stop to years of what the district considers unbridled harassment, repetitive requests for public records that produced more than 100,000 pages of information. According to the Goldwater Institute, the powerful Arizona-based watchdog agency that is defending the residents (Jean Warren, her daughter Jennifer Renee Hoge, Cyndi Regis and Barbara Rejon), the... (Wickenburg Sun, AZ)
Insurance causes flap in New Baltimore Mar 14, 2010
O'Rorke also favored Trident's coverage of pollution, public officials and injunctive relief, areas which the Marshall and Sterling proposals did not include. The expiring policy with Marshall and Sterling ran roughly $30,000 while Selective and Prime, the two top contenders from the agency ran roughly $28,000 and $23,000 respectively. (Catskill Daily Mail, NY)
Briggs & Stratton to settle labeling suits Feb 27, 2010
As part of the settlement, Briggs & Stratton and the other defendants have agreed to establish a class-wide cash settlement fund totaling $51 million, as well as certain injunctive relief concerning the power labeling of engines for the next 10 years ... Plaintiffs sought injunctive relief, compensatory and punitive damages, and attorneys fees. (Milwaukee Business Journal, WI)
Philly Pizza Open Illegally After Ordered to Shut Doors Feb 24, 2010
Starrels could not confirm if the Office of the Attorney General is pursuing emergency injunctive relief, a more permanent measure that would subject Mehmet Kocak, owner of Philly Pizza, to more serious civil or criminal penalties for failure to comply. Technically as I understand it, [Kocak] doesnt have a certificate of occupancy to be open, Starrels said. (The Hoya, Washington DC)
Threatened lawsuit could delay Champlain Bridge rebuild Feb 16, 2010
"We will seek injunctive relief in state and maybe federal courts.". Castlebuono said he's meeting with lawyers today because the state Department of Transportation appears to be leaning toward requiring "project labor agreements" on the bridge contract that would mean workers would have to be hired out of the union halls or paid union rates. (Albany Times Union)
Toyota Hit With Federal and State Claims by Stockholders, Vehicle Owners Feb 10, 2010
Tuesday's recall addressed the injunctive relief sought in the Los Angeles Superior Court suit, but consumers face damages associated with the depreciation of their vehicles, Warshaw said. On Tuesday, Kelley Blue Book announced that it would lower its transaction price for the 2010 Prius by $1,000 or $1,500. (Law.com)
Lawsuits follow collapse of Krahl Construction Feb 4, 2010
Unless the injunctive relief is granted, the defendant is likely to sell, transfer, dispose, lien, secure or otherwise divest their assets from being used to discharge (Mr. Padertas) obligations to exonerate and indemnify Travelers, the lawsuit says. (Crain's Chicago Business)
Sallie Mae sued over auto-calls Feb 3, 2010
The group seeks both injunctive relief and money damages. Sallie Mae harassed me with dozens of unwanted calls on my cell phone, including calls that woke me up at all hours of the night and often within hours of each other. (Washington Business Journal, DC)
Lawmaker takes up cause of old-time rock 'n' roll Jan 29, 2010
The law would provide injunctive relief to block a phony performance and a civil penalty of up to $40,000 per violation. Additionally, a civil penalty of up to $5,000 could be imposed for each day for intentionally violating a restraining order or injunction. (Mason City Globe-Gazette, IO)
Infineon files patent suit against Volterra Jan 23, 2010
The suit seeks damages, including enhanced damages for willful infringement and injunctive relief. The suit alleges that Volterra's voltage regulators and pulse width modulation controllers infringe four United States patents owned by Infineon. (EETimes)
Terms & conditions Jan 10, 2010
Notwithstanding the foregoing, Newsmax may seek preliminary injunctive relief from a court of law in the event of a breach by you. 14. (Newsmax)
2nd Circuit Reverses Sanctions Against Cravath Attorneys in Alien Tort Case Jan 10, 2010
Cabranes wrote in his concurring opinion that magistrate judges are empowered by the Federal Magistrate Judge Act, 28 U.S.C. 636(b)(1)(A), to resolve pretrial matters subject to District Court review for clear error, but "Excluded from this grant of authority are dispositive motions" such as motions for injunctive relief. On dispositive motions, they can only offer a report and recommendation to the district judge. (Law.com)
