Overstock.com Announces Favorable Court Ruling in Rocker/Gradient Case Jul 13, 2008
The court also restricted Gradient's fourth counterclaim for unfair business practices, disallowing the possibility of money damages on that claim, and limiting it only to possible injunctive relief if Gradient proves the claim at trial. On the dismissed claims against Byrne, the court granted Gradient leave to amend. (PR Newswire)
Judge Wants Evidence on Name Plaintiffs' Role in $16 Million Morgan Stanley Settlement Jul 13, 2008
"It's too bad it's taking longer, because a lot of class members would prefer to get their money now, and prefer to get the injunctive relief now.". Henderson took a realistic tone in his opinion. (Law.com)
Rambus sues rival Nvidia Corp. Jul 13, 2008
The suit, filed in U.S. District Court in Northern California, seeks injunctive relief to stop the infringement, as well as monetary damages. Rambus said it has tried to negotiate a license with Nvidia for six years. (San Francisco Business Times, CA)
Rambus says NVIDIA products infringe on 17 Rambus patents Jul 13, 2008
Rambus wants injunctive relief barring further infringement, contributory infringement, and inducement to infringe the patents in question. Rambus also seeks monetary damages for the alleged infringement. (DailyTech)
Harper seeks $1-million more in lawsuit against cash-strapped Liberals Jul 3, 2008
According to the Liberal financial return, Mr. Harper is claiming the additional damages for misappropriation of personality and injunctive relief. The Liberal Party intends to fully defend this claim. (Globe and Mail -- National)
All sides claim victory in JetAway ruling Jul 2, 2008
Jet Center Partners was granted injunctive relief on that claim because it needed only to show JetAway is likely to deceive and cause harm to JCP by diverting customers through its advertising concerning AvFuel products. But its claims under the off airport agreement were denied because that agreement specifically bars third parties. (Montrose Daily Press, CO)
Judge may rule on body of victim Jul 2, 2008
The complaint for injunctive relief doesn't mention the cremation issue, and it was unclear Monday exactly who would be requesting the resolution at the hearing today. Small and Enfinger said they support and expect the issue to be presented at the hearing. (AL.com)
Federal Racketeering Indictment Targets Members of Violent Drew Street Gang in Northeast Los Angeles Jun 26, 2008
"That's why I can understand residents who routinely said that they thought this day would never come - a day when the 'good guys' would win a significant battle in a gang war that has brought so much tragedy to so many innocent people. With today's arrests of 28 gang members, it's time to once again start referring to Drew Street not as a gang, but as a neighborhood and a community. Today, DEA, with the strong support of our Los Angeles HIDTA partners, has severely impacted this violent gang... (PR Newswire)
Judge Tentatively Approves Settlement of Eating-Disorder Class Action Jun 26, 2008
Hochberg said she was satisfied the settlement met the criteria for preliminary approval under federal rules of civil procedure governing class action deals for which injunctive relief is the primary benefit to a group that could not achieve the same results in individual litigation. A fight is brewing, however, on whether Hochberg should make the settlement final by ruling it is fair to members of the class. (Law.com)
Sheriff sues County Commission Jun 26, 2008
In the suit, Davis is asking the court for a Writ of Mandamus to force the commission to fund the sheriff s original budget and grant injunctive relief in an expedited manner to aid with the sheriff s funding problems. The defendants (the commission) owe to the plaintiff. (Clanton Advertiser, AL)
Antitrust Amnesty Deal Blows Up in DOJ's Face Jun 21, 2008
The suit, initially filed under seal, asked for declaratory and injunctive relief to bar the division from prosecuting the company and its executives. The government responded a few days later by revoking Stolt's leniency. (Law.com)
Medicaid contract seen as jeopardizing care Jun 19, 2008
Both complaints are seeking injunctive relief to prevent the state from transferring the contract to the managed-care companies. DHS, which since 1994 has worked to design a new system to better treat patients, claims that both lawsuits are without merit. (Honolulu Star-Bulletin)
Statement By VirnetX Regarding Litigation With Microsoft Corporation Jun 17, 2008
The suit alleges patent infringement by Redmond, WA-based Microsoft Corporation, and seeks damages, injunctive relief and costs. The suit was filed in the United States District Court for the Eastern District of Texas, Tyler Division on February 15, 2007. (PR Newswire)
Asics sues Steven Madden over copy claims Jun 14, 2008
Welcome to The Sydney Morning Herald. Skip directly to: Search Box, , , Text Version. (Sydney Morning Herald -- Business)
Georgia Gulf battles Sandelman where Spectrum surrendered Jun 13, 2008
Management of the company promptly counterattacked with a request in Delaware Chancery Court yesterday (9 June) for injunctive relief and declaratory judgement against the notice via legal counsel Jones Day. Officials at both Georgia Gulf and Jones Day declined to comment. (FT.com -- Markets)
Probe: CVS, Rite Aid Full of Expired Products Jun 13, 2008
Cuomo says he intends to sue both chains for patterns of violating federal, state and local law that do not permit the sale of expired products and plans to seek injunctive relief. Since March, prompted by complaints from consumers, dozens of undercover investigators visited close to 1,000 stores and detected an "egregious pattern at CVS and Rite Aid" of selling expired products, said Corngold at a news conference in New York this morning. (ABC News)
MedQuist Announces Dismissal of South Broward Litigation and Appointment of New Interim President & CEO Jun 12, 2008
5 million plus certain injunctive relief. The consummation of these two settlements will result in the final resolution of all class action litigation matters related to (i) the allegations raised by a company employee in November 2003 that the company had engaged in improper billing practices, (ii) the company's public disclosure of those allegations and (iii) the company's July 2004 public disclosure of certain findings from the independent review (the "Billing Review") of the allegations that... (PR Newswire)
Colorado cell phone company sues Nebraska county Jun 12, 2008
The lawsuit filed Tuesday in U.S. District Court in Omaha by Viaero (Vee-AIR-Oh) Wireless seeks injunctive relief to build the tower, as well as unspecified damages and attorneys fees. Viaero wants to build the tower to provide wireless services in Mead, Yutan and surrounding areas just southwest of Omaha. (Sioux City Journal, IO)
Special counsel responds to Winning Farm questions Jun 11, 2008
Bobrowski noted several options the town has, in order to enforce the deadlines, including fines, injunctive relief, or the power to modify past decisions regarding the development. According to Murray, however, all the deadline concerns have since been rectified. (Winchester Star, MA, MA)
Animal Owners Seek Class Action Status in Suit Over Pet Food Additives Jun 10, 2008
The pet owners seek damages and injunctive relief to prevent pet food companies from advertising their product is akin to human food ... Besides injunctive relief regarding the false and deceptive marketing and sale of pet food, the eight-count lawsuit claims -- among other things -- fraudulent misrepresentation and concealment, violation of Florida's Deceptive and Unfair Trade Practice Act, negligence and unjust enrichment. (Law.com)
High Court Hasn't Closed the Book on Retaliation Jun 4, 2008
Title VII, he said, could be preferable because it offers injunctive relief and provides for punitive damages even when there are no actual damages. "I don't believe it will change anything," he said. (Law.com)
Specter Demands Sanity Check on Obama's Hypocrisy May 28, 2008
Specter also suggested that Floridas Governor Charlie Crist or Attorney General Bill McCollum and Michigans Attorney General Michael Cox or Secretary of State Terri Land Lynn contemplate what would be required to be prepared on June 2 to go into Federal court paren patriae to see emergency injunctive relief under "Section 1983," the legal parlance for the Civil Rights "Anti-Ku Klux Klan" Act of 1871, if the DNC May 31 hearings fail to adhere to the fundamental one-man, one-vote... (Townhall.com)
Suwanee, Catholic school head to high court May 28, 2008
Hutchinson's order said Notre Dame Academy showed that it would suffer "immediate and irreparable harm" if he didn't grant the school's request for injunctive relief and stop the city from enforcing. existing zoning rules and creating new ones. (Atlanta Journal-Constitution)
Commissioners decline $750K conservation grant (127) May 28, 2008
Road Supervisor Chop Porter agreed with the county attorney and said the county would have to take a "wait and see" position before seeking injunctive relief, if the drainage does indeed damage county property. A COUNTY CLEAN UP is set for Saturday, June 7 and Saturday June 14 with the county transfer station being open from 7-3p. (Lafayette Macon County Times, TN)
Landslide Victory for National Home Auction as Federal Judge Denies 12 of REDC's 13 Claims Seeking Injunctive Relief May 25, 2008
LOS ANGELES, May 24 /PRNewswire/ -- "DENIED" was the word of the day as U.S. District Court Judge, S. James Otero DENIED 12 of the 13 claims seeking injunctive relief as issued in an Order dated May 21, 2008. "REDC and its principals have a long and storied history of reckless behavior and filing meritless lawsuits," said Ryan Knott, CEO of National Home Auction (NHA). (PR Newswire)
Johnson loses appeal May 25, 2008
Less than a month after the federal jury in Oxford found the city did not racially discriminate against Johnson in the hiring of Sanders, Johnson filed a second suit in the Northern District of Mississippi federal court against the city to recover damages and injunctive relief because of the city s refusal to hire Johnson as chief following Sanders resignation. The case still is pending. (Columbus Commercial Dispatch, MS)
Law Firm Files Suit to Bar Outsourcing of Client Data May 24, 2008
"It seeks this declaration knowing that foreign nationals who reside overseas lack Fourth Amendment protections," says the firm's complaint for declaratory judgment and injunctive relief. "It seeks this declaration having been informed ... that the United States government engages in pervasive surveillance of electronically transmitted data.". (Law.com)
NYC's Nuisance Action Proceeds Against Ga. Gun Retailer May 22, 2008
Weinstein sharply disagreed, stating, "The court interprets the amended complaint as not requesting fines and penalties, but injunctive relief. The court has no discretion because this is an equity case. The rule is quite clear: the court can empanel, and must empanel, an advisory jury only ... when both sides do not consent to a constitutional jury.". When Renzulli continued to press Weinstein on his holding in Beretta, which earlier this month , the judge cut him off. (Law.com)
11th Circuit Puts the Brakes on Privacy Suit Against Law Firm May 13, 2008
The defendants also have agreed to the injunctive relief. Plaintiffs attorney Tod Aronovitz, who is lead counsel in the data broker case, said he could not comment because litigation is still pending against two defendants. (Law.com)
Judge denies JetAway motion May 13, 2008
He deferred pending further evidence a ruling as to whether JCP could claim injunctive relief under agreements between the county and JetAway ... JetAway attorney Mark Haynes sought an immediate verdict on the county s claim for injunctive relief; its own request for declaratory judgment and JCP s claim of false advertising. (Montrose Daily Press, CO)
Apartment Association Denied Injunctive Relief May 13, 2008
EL PASO, Texas -- A federal judge Monday denied the request of the El Paso Apartment Association for injunctive relief that would have prevented the Public Service Board from imposing or collecting storm water fees on their properties. Apartment owners filed a suit against the board and the City of El Paso about a week ago. (KFOXTV.com, TX)
TV station drops lawsuit May 9, 2008
"We asked our attorneys to prepare 'Injunctive Relief' immediately. That petition went before the court at 3pm Monday. It wasn't until I was in court and I heard the judge mention 'monetary damages' did I realize something was wrong with our petition. No member of the Newschannel 3 Management team was aware the attorneys prepared this petition with anything other than lifting the restrictions for our reporters. When the hearing wrapped up I quickly informed our attorneys to remove that demand... (Suffolk News Herald, VA)
Granger lawsuit against Wilzig tossed May 9, 2008
An application for injunctive relief sought immediately after Petitioners learned on May 23, 2007 that Wilzig had been given the go ahead to complete construction would have eliminated any laches or mootness defense, Hummel wrote in his decision. The fact that they did not do so, and the building has been built, renders this matter moot, he continued. (Hudson Register Star, NY)
First Amendment: A Free, Vigorous and Independent Press May 6, 2008
We asked our attorneys to prepare 'Injunctive Relief' immediately. That petition went before the court at 3pm Monday. (WTKR.com, VA)
OMNI Energy Named in Lawsuit May 3, 2008
The lawsuit seeks, among other things, (i) a declaratory judgment that the Preheat purchase agreement executed in December 2005 is null because of alleged securities fraud and bad faith breach of the Preheat purchase agreement and that Mr. Rhyne's ERISA rights be clarified, (ii) injunctive relief to halt alleged securities disclosure violations by the Company and to remove three board members, and (iii) damages resulting from the nullification of the Preheat purchase agreement, which the... (PR Newswire)
IEPA investigates hog manure spill into Bureau Creek May 3, 2008
The IEPA also requested the Attorney General file a complaint seeking a preliminary injunctive relief to compel him to immediately cease any further illegal discharges, if he does not voluntarily comply through an agreed court order. According to an IEPA press release, the actions were necessary due to the seriousness of the situation and Anderson s apparent unwillingness to take the necessary steps to remedy the situation. (Princeton Bureau County Republican, IL)
Parmalat, Limited Brands, Exxon Mobil, Siemens Bribery Case in Court News Apr 22, 2008
The company moved to dismiss the suits, which sought unspecified actual and punitive damages as well as injunctive relief and attorneys' fees. The settlement is subject to the approval of the federal District Court in Fulton County, Georgia, Securities Law360 said. (Bloomberg -- Germany)
Aloha Pilots Seek Court Injunction Apr 19, 2008
HONOLULU, April 18 /PRNewswire-USNewswire/ -- The Aloha Airlines pilots, represented by the Air Line Pilots Association, Int'l, (ALPA), filed a complaint in U.S. Bankruptcy Court today seeking injunctive relief against the airline ... This is an action for immediate injunctive relief to restore respect for the ALPA-Aloha collective bargaining agreement which Aloha has unilaterally repudiated as set out below ... P. 7001(7), 7001(9) and 7065, seeking injunctive relief against Defendant's unlawful... (PR Newswire)
Susman Godfrey and Heim Payne & Chorush Obtain Further Relief for UniRAM in Trade Secret Trial Against TSMC; $30.5 Million Jury Verdict Likely to Grow to $36 Million Judgment Apr 19, 2008
Judge Walker also granted UniRAM's motion for injunctive relief, ordering that TSMC "be prohibited" from disclosing UniRAM trade secrets and that TSMC pay UniRAM a running royalty on certain of its future product sales. Yesterday's Order comes on the heels of another recent victory by UniRAM and its trial counsel over TSMC. Earlier this week, on April 14, 2008, Chief Judge Walker denied TSMC's counterclaim against UniRAM on an "inequitable conduct" patent issue. (PR Newswire)
Georgia State University hit with copyright lawsuit Apr 17, 2008
The lawsuit seeks injunctive relief to stop the alleged violations, but does not seek monetary damages. Related Industry News. (Atlanta Business Chronicle, GA)
11th Circuit Tackles Trademarks, Internet Apr 16, 2008
In that decision, the Court admonished lower courts for applying categorical rules on injunctive relief. The 11th Circuit panel declined to decide whether the eBay decision forbids the sort of presumption Camp had employed in the trademark case -- that without an injunction North American Medical would suffer irreparable harm. (Law.com)
Cosentino: An odd contract negotiation strategy Mar 29, 2008
Mix into this the injunctive relief the union has now secured in County Court to prevent two trainees to help reduce the city's overtime cost, which over the last three years has escalated to over 1 million. The public can't help but be confused if the use of these two new recruits raises a safety issue, as Parker contends, or a matter of financial soundness, as Fire Chief Michael Hammon argues. (Auburn Citizen, NY)
Yari loses appeal for 'Crash' Oscar Mar 26, 2008
He also sought injunctive relief prohibiting the orgs from making future credit determinations in the current manner. But the appeals court agreed that the right of fair procedure Yari invoked did not apply to decisions private orgs make about their own awards. (Variety)
Cherokee Nation sues company for $2.3 million Mar 21, 2008
In total, the tribe is asking to be awarded injunctive relief in the amount of 2,297,818. 90 for the alleged breaches of contract, the lawsuit indicates. (Sallisaw Sequoyah County Times, OK)
Democratic primary timeline Mar 21, 2008
The suit states, "This is NOT an election contest. This is a suit for injunctive relief, seeking court aid to ensure a prompt and complete count of all votes cast in the March 4 Brewster County primary election." Further, Gonzales' suit seeks to have a "suitable expert" appointed by the court to examine the electronic voting machines, determine if they are in order, if their votes can be run again, and if their results are reliable. He seeks to have Molly Taylor, Alpine city secretary, appointed... (Alpine Avalanche, TX)
Whale of a feud erupts over Bar Harbor restaurant access Mar 15, 2008
The order reads, in part: The plaintiffs have suffered and shall suffer additional irreparable harm in the absence of temporary injunctive relief pending further ruling by this court. The defendant shall not be harmed in the granting of temporary injunctive relief, which is in the public interest. (Courier Publications, ME)
Academy sets up scalper sting Mar 15, 2008
The suit for trespass seeks injunctive relief, disgorgement of the money received for the tickets and punitive damages. Links posted in this story. (Variety)
Citizen files motions in Sheriff's lawsuit Mar 8, 2008
Kyle filed a request for injunctive relief and a motion to intervene. In addition to the two motions, Kyle filed a memorandum in support of the motion to intervene. (Camden Chronicle, TN)
Chase Bank Accuses Florida Law Firms of Running Debt-Relief Scam Mar 6, 2008
The six-count complaint seeks injunctive relief and punitive damages to prevent the defendants from operating a debt reduction "scheme." The complaint claims "tortuous interference with contractual relations" between Chase and its customers, abuse of process, conspiracy and violations of Delaware trade practices and fraud laws. Chase is asking the court to declare that "billing error disputes asserted by Chase's card members who are represented or assisted by defendants are sham" claims. (Law.com)
Fight between municipalities, PPL may be near end Mar 6, 2008
The municipalities were seeking damages and injunctive relief in response to an investigative report in 2002 from the state Public Utility Commission, which stated there was an unlawful exercise of market power by PPL EnergyPlus LLC, which was both damaging to wholesale and retail markets and participants and damaging to public confidence and regional wholesale and Pennsylvania retail markets. The antitrust lawsuit was dismissed and then reinstated, only to be dismissed again. (Scranton Times, PA)
School-funds lawsuit moot, says state Mar 1, 2008
If the judge finds the state has not complied, he should order some injunctive relief, the schools said, although they didn t specify what the relief would be. School officials in many areas of the state also have been urging Gov. Schweitzer and legislative leaders to call a special session of the Legislature to approve more state money for schools this coming year. (Helena Independent Record, MT)
Product Safety to Be Considered in the Senate Next Week; Groups Rebut False Charges Mar 1, 2008
" THE TRUTH: Under S. 2663, the authority of state Attorneys General is limited to injunctive relief, and they may initiate action only if the residents of that state are threatened or adversely affected by a violation of a consumer product safety standard or rule. The state AG must give prior notice to the CPSC and may not sue if the federal government initiates an enforcement action first. The CPSC does not have the capacity to enforce recalls in every store and every city across the country.... (PR Newswire)
eBay, MercExchange Bury The Hatchet Feb 29, 2008
5 million in damages, but stopped short of granting permanent injunctive relief ... In 2006, the Supreme Court that both courts had erred in their ruling on the matter of permanent injunction, a landmark interpretation that limited courts' power to authorize injunctive relief against businesses in patent-infringement cases ... In July 2007, a district court in Virginia again MercExchange injunctive relief, finding that MercExchange had failed to prove that the infringement caused irreparable... (SmallBusinessComputing)
"Under Cover Investigations take Huge Step Forward" Feb 27, 2008
At the time of the search warrant at Second Street Expressions, the sheriff's office also served a Petition For Injunctive Relief To Abate A Public Nuisance summons from the Circuit Court to Tom Snider and Gale Snider (refer to Circuit Court filling and Mike Koenig for further information). During this investigation we either were given the opportunity to obtain or actually purchase various sizes and quantities of controlled substance(s), from a few pills or or grams of methamphetamine to... (Cameron Observer, MO)
Kiss and tell: Simmons sex tape goes viral Feb 22, 2008
"To the extent that Ms. Koval ever claimed to have any interest in the video, which is both disputed and inconceivable, given its surreptitious filming, such rights were acquired by our client Allied Industry in 2003, pursuant to a written assignment and release agreement in which Ms. Koval assigned all of her interest in the video to Allied Industry, including the copyright, represented and warranted that no additional copies would be exploited or distributed and expressly consented to... (Sydney Morning Herald)
Candlewood Ruling Dismay Feb 22, 2008
JLG completed construction on the deck absent town permits, and the town of New Milford sought injunctive relief in court. Subsequently, JLG took the town of New Milford to court, successfully arguing that their construction within a federal hydropower project under a license from the owner pre-empted local zoning regulations. (Litchfield County Times, CT)
Court puts kybosh on telltale site Feb 21, 2008
US District Judge Jeffrey White, however, ordered the entire site be taken down as the bank would face "immediate harm" if it did not get "injunctive relief". Wikileaks launched in 2006 and aims to uncover unethical behaviour by developing "an uncensorable Wikipedia for untraceable mass document leaking and analysis". (Sydney Morning Herald -- Technology)
Overstock.com Obtains Another Positive Ruling in Prime Brokerage Litigation Feb 16, 2008
Judge Munter granted in part the defendants' motion to strike Overstock's claims under California's Unfair Business Practices Act, but allowed Overstock's claims for injunctive relief under California's Unfair Business Practices Act. "This case continues forward for us," said Jonathan Johnson, Overstock Senior Vice President of Legal. (PR Newswire)
Judge grants injunction against Internet news company Feb 15, 2008
A Harris County District Court Judge has granted Houston Community Newspapers temporary injunctive relief from George Boehme, the former owner of a newspaper group he sold to HCN in 2006. The court s order, issued Wednesday, Jan. 30, enjoined Boehme from managing and funding InstantNewsNetwork. (Fort Bend Southwest Sun, TX)
Lis on Law: Photos Posted on Gay Web Site Without... Feb 14, 2008
The boys would be entitled to injunctive relief (having the photos removed from the website) and a monetary compensation for the emotional trauma that it has caused them. The pictures have already been taken off the websites though, and many boys are currently in therapy to cope with the trauma. (Fox News)
Edwards Lifesciences Initiates Patent Infringement Litigation Against CoreValve in the U.S. Feb 13, 2008
The suit seeks injunctive relief and damages for infringement of three of the Andersen family of patents for transcatheter heart valve technology. "Edwards has a significant portfolio of patents in transcatheter heart valve technology, led by the Andersen patent family, and we are committed to protecting this valuable intellectual property and the interests of our clinician-inventors," said Bruce P. Garren, Edwards' corporate vice president and general counsel. (PR Newswire)
Justice Department Settles Discrimination Lawsuit Against Virginia Beach Nightclub Owner Feb 12, 2008
Title II mandates that "All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation ...without discrimination or segregation on the basis of race, color, religion, or national origin." Under Title II, the Civil Rights Division can obtain injunctive relief that changes policies and practices to remedy customer discrimination. Title II does not authorize the Division to obtain... (PR Newswire)
Suit alleges Legal Aid clients were duped Feb 11, 2008
The suit seeks damages and disgorgement of the defendants "ill-gotten gains." The plaintiffs are seeking broad injunctive relief in an effort to prohibit the defendants from the unauthorized practice of law and the use of names that in any way suggest that they are associated with a legitimate legal aid organization. Legal Aid National Services, also known as LANS Corp., advertises on the Internet and on a number of public websites under a variety of a names designed to induce consumers to... (Boston Globe)
Records challenges can cost thousands Feb 11, 2008
MissouriFine: Up to $5,000 if Sunshine Law was purposefully violated; up to $1,000 if law was knowingly violatedOther penalties: Court may void action taken by government body; injunctive relief to preclude future violations of the Sunshine LawMontanaFine: NoneOther penalties: NoneNorth CarolinaFine: NoneOther penalties: NoneNorth DakotaFine: No special rules relating to finesOther penalties: Not addressedNebraskaFine: Up to $500Other penalties: Class III misdemeanor conviction; official... (The Clarion-Ledger)
EEOC settles age-discrimation suit against Red Lobster Feb 11, 2008
The suit was settled for $11,500 in back pay and injunctive relief, Commission officials said. The EEOC's suit alleged that, although Red Lobster claimed it demoted Jacqueline Stern, 65 at the time, from her position as a food server because of customer complaints, younger food servers who had received customer complaints were not demoted. (Phoenix Business Journal, AZ)
