Court grants Tabu restraining order Jun 27, 2009
After the vote Tabu attorney Frank Russell vowed to appeal the board s decision and filed a motion in Lawrence Superior Court this week seeking a preliminary injunction ... Russell got his wish at least temporarily when the court scheduled a hearing on July 2 to ascertain whether a preliminary injunction should be granted. (Saugus Advertiser, MA)
IBM loses bid to block fmr M&A chief from Dell job Jun 27, 2009
A federal judge on Friday rejected IBM s request for a preliminary injunction against the executive, David Johnson. IBM is suing Johnson, claiming he violated a noncompete agreement by taking the job at Dell. (Orangeburg Times and Democrat, SC)
Veterans get free ride at Suffolk University Jun 25, 2009
The auction asked a federal judge yesterday for a preliminary injunction barring the National Oceanic and Atmospheric Administration from imposing the shutdown. The sanction by the NOAA was related to a 2000 charge that the Gloucester Seafood Display Auction bought nearly 21,000 pounds of illegal cod, then falsified 35 records to cover it up. (Boston Globe)
Louisiana Public Pension Fund Secures Injunction Against Regions Financial Corp. Executives - Lead Counsel Scott+Scott LLP Announces Jun 25, 2009
" According to Scott, the successful prosecution of this case will be a hollow victory if the executives are permitted to simply remove their assets from the Court's grasp before judgment. "With an injunction in place, the focus is on prosecuting this case rather than turning a blind eye to wasting executive assets and hoping something is left at the end of the day," notes Mary Blasy, another Scott+Scott attorney. Protecting corporate assets is largely perceived as one of the most important... (Primezone Releases)
Auction of accused killer’s home disputed Jun 23, 2009
Daily American - Auction of accused killer s home disputed. A hearing on the request for a temporary injunction by Jennifer Kramer, daughter and executrix of Ruth Anne Henderson McTonic, who died April 3 from multiple gunshot wounds to the torso, is scheduled in county court Thursday. (Somerset Daily American, PA)
Judge: Building owner cant rent condos in E. Cambridge building Jun 23, 2009
On June 15, a Suffolk Superior Court judge issued a preliminary injunction 303 Third SPE LLC, a joint venture of EQR and Extell Development which currently prohibits the developer from breaking pending contracts with future residents and converting the building at 303 Third Street into rental units. Jane Stabile, who negotiated a price and made a down payment on a unit inside the Kendall Square building, said she s relieved after court s ruling. (Cambridge Chronicle, MA)
Mayfield has July 1 hearing before federal judge Jun 20, 2009
U.S. District Court Judge Graham Mullen has added Mayfield's preliminary injunction request to his calendar. If the ruling goes in his favor, Mayfield could possibly compete that weekend at Daytona International Speedway. (MSNBC -- Sports)
Escalon's Holmes 3rd fastest Jun 20, 2009
A U.S. District Court judge has added Mayfield's preliminary injunction request to his calendar. If the ruling goes in his favor, Mayfield could compete at Daytona International Speedway. (Modesto Bee, CA)
GM cutbacks hit Cup teams now Jun 20, 2009
Saturday, June 20, 2009. Search stories on N&O.com. (News & Observer -- Sports)
Mayfield witness wants out of case, explains credentials flap Jun 19, 2009
A federal judge is scheduled to hear Mayfield's request for a preliminary injunction so he can resume racing in Charlotte on July 1. "We're looking forward to have a hearing on the substance of the matter," Buric said. (USA Today -- Sports)
Mother of woman struck by pole sues city Jun 19, 2009
Mr. Rosenzweig also filed a motion for a preliminary injunction, which was granted, that requires the city to preserve the pole for inspection. He contends that the city has been unwilling to cooperate with his client and to allow inspection of the pole. (Pittsburgh Post-Gazette, PA)
Healthcare providers: NH can't take $110M surplus Jun 19, 2009
The group filed for a preliminary injunction in Belknap County Superior Court. 2009 The Associated Press. (Concord Monitor)
no First Amendment defense in Woody Allen v. American Apparel Jun 18, 2009
He had alleged that American Apparel's billboard advertising campaign featuring a still photo of him dressed as a Hasidic Jew from the film Annie Hall" was a blatant misappropriation of his image. Neither side said much at the time about why they had settled the case, but U.S. District Judge Thomas P. Griesa's rulings at a pretrial hearing May 11 - in which he said American Apparel's liability was "very clear" -- provide much of the missing context.American Apparel's defense against... (Harper's Magazine)
State forces issue of new waste system for mobile home park Jun 18, 2009
Austin voluntarily agreed to the preliminary injunction ordered by the court. The injunction remains in effect for monitoring, pump-out and repair requirements until the case is resolved. (Upper Cape Codder, MA)
2Behind a Massive Robocall Scam, Four Human Faces» Jun 18, 2009
FTC spokesman Peter Kaplan said it's "uncertain" what fines await the defendants if found guilty, but since a federal court issued a restraining order in the case that froze the companies' assets last month, followed by a preliminary injunction last week, FTC Chairman Jon Leibowitz said he's sure consumers are noticing. "I have never seen an issue that resonated so much," Leibowitz told FOXNews. (Fox News)
Federal Judge Mulls Copyright Status for Salinger's Holden Caulfield Jun 18, 2009
"This is not duplicating something and selling it on Canal Street," he said, arguing that the judge would, in effect, be "banning" the book if she issued a preliminary injunction. "60 Years Later" is scheduled to be published in Great Britain this summer and in the United States shortly thereafter. (Law.com)
Local profs win injunction in condo case Jun 18, 2009
A Suffolk Superior Court judge Monday issued a preliminary injunction against the developer, a joint venture of and The injunction prohibits the developers from renting or leasing the condo units it is supposed to sell to the plaintiffs, according to a press release from the group s lawyers. Equity Residential s spokesman, Marty McKenna, said he could not comment because of pending litigation. (Boston Business Journal, MA)
Judge refuses to block new crab fishery in Southeast Jun 16, 2009
In response, attorneys for the Organized Village of Kasaan -- the tribal government for the small Haida village on east Prince of Wales Island -- worked on scheduling a hearing with Ketchikan Superior Court Judge William Carey to seek a preliminary injunction against the fishery. The hearing was the latest of several efforts to stop the fishery, which was approved by the Alaska Board of Fisheries in January over objections by locals and the Department of Fish and Game. (Anchorage Daily News)
A Peek Inside One Firm Ensnared in FTC Lawsuit Jun 16, 2009
The name of the game at Transcontinental one of three firms that received a preliminary injunction last week and saw its assets frozen in connection to two related FTC cases was "Hang Up. Next.". "Not only was this motto written on signs throughout Transcontinental's business premises, but I heard supervisors repeatedly make this statement as well," Israel said. (Fox News)
Adviser faces legal troubles Jun 6, 2009
We went to Denver court and got a preliminary injunction and the appointment of a receiver ; to gather up assets and preserve them. Lewis, acting as receiver, took the case a step further, however. (Denver Business Journal, CO)
Court Shuts Down 'rogue' ISP After FTC Complaint Jun 5, 2009
The court will hold a preliminary injunction hearing on June 15. Product Categories. (Yahoo News -- Technology)
SEIU Files for Preliminary Injunction to Stop Home Care Cuts Scheduled to Go into Effect July 1st Jun 5, 2009
June 4 /PRNewswire-USNewswire/ -- Arguing that cuts planned to home care scheduled to go into effect on July 1st would result in irreparable harm if allowed to proceed, the Service Employees International Union (SEIU) today filed for a preliminary injunction in the U.S. District Court for the Northern District of California to prohibit Governor Arnold Schwarzenegger, other state officials, Fresno County, and Fresno County IHSS Public Authority from implementing a rate reduction for IHSS... (PR Newswire)
'Unfortunate byproduct' Jun 3, 2009
U.S. Magistrate Judge Mikel H. Williams denied a request for a preliminary injunction to halt the expansion in April. The groups successfully appealed to the U.S. Court of Appeals for the 9th Circuit, temporarily stopping the expansion. (Pocatello Idaho State Journal, ID)
Wilzig, Grangers await decision on track, again Jun 3, 2009
In a legal action filed April 15, the Granger Group and 11 other plaintiffs sought a temporary restraining order, a preliminary injunction and a declaratory judgment ... The opinion released Monday approved the preliminary injunction blocking Wilzig from using or continuing work on his track until the rest of the case a declaratory judgment action that seeks, basically, to make the preliminary injunction permanent is decided ... To even obtain a preliminary injunction, the Granger Group had to... (Hudson Register Star, NY)
NH's Sudan divestment law suspended Jun 2, 2009
A Merrimack County Superior Court judge issued a preliminary injunction last week suspending a state law enacted last year ... "In contrast, the petitioner has presented concrete evidence of the irreparable harm NHRS will suffer absent the issuance of a preliminary injunction.". (Concord Monitor)
Bangkok Broadcasting & T.V. Co. Files Court Order to Halt Illegal Copying, Selling and Re-Broadcasting of Copyrighted Programs May 30, 2009
LOS ANGELES, May 29 /PRNewswire/ -- Bangkok Broadcasting & T.V. Co., Ltd.'s ("BBTV"), a Thai broadcasting corporation, announced that it has filed a Complaint and Motion For Preliminary Injunction And Order For Seizure And Impoundment with the United States District Court in the Central District of California alleging that IPTV Corporation, ThaiTV.tv, BKT Group ("BKT"), Mr. Ron Petcha, Ms. Tip Petcha and Mr. Noppadon Wongchaiwat are illegally and willfully copying, selling and re-broadcasting... (Yahoo! Wire -- Entertainment News)
Sotomayor ruled against teen blogger... May 29, 2009
Sotomayor joined two other judges from the 2nd Circuit in ruling that the student s off-campus blog remarks created a foreseeable risk of substantial disruption at the student s high school and that the teenager was not entitled to a preliminary injunction reversing a disciplinary action against her. In their opinion, the judges said they were sympathetic" to her disappointment at being disqualified from running for Senior Class Secretary and acknowledged her belief that in this case, the... (The Drudge Report)
Sotomayor: Dynamic choice May 29, 2009
Her tenure on that court is probably most remembered for her decision to issue a preliminary injunction against Major League Baseball, not allowing them to use replacement players during the strike of 1995, and thus ending the strike. In 1997, she was appointed by President Bill Clinton to the Federal Appeals Court for the Second District, covering New York, Connecticut and Vermont. (NJ.com -- Times)
Swine flu vaccine is least of CSL's concerns May 29, 2009
CSL will use the courts to contest this preliminary injunction. This will take several months to run its course. (Sydney Morning Herald -- Business)
Water bottle deposit put off May 28, 2009
In an oral ruling from the bench Wednesday, U.S. District Court Judge Thomas P. Griesa issued a preliminary injunction after hearing arguments from a coalition of water bottlers and distributors and the state attorney general's office. According to spokesmen for Nestl Waters North America, a plaintiff, and others in the courtroom, Griesa agreed with the water companies' contention that the scheduled June 1 implementation date was too soon. (Albany Times Union)
Judge issues injunction against bottle bill May 28, 2009
A U.S. District Court judge today issued a preliminary injunction against a new New York state law that requires a five-cent deposit on bottled water. Judge Thomas Griesa issued a ruling from the bench granting the preliminary injunction against the state-specific universal product code and the June 1 effective date of the law, said Brian Flaherty, spokesman for. (Albany Business Review, NY)
Feds will sue to stop CSL-Talecris merger May 28, 2009
The FTC also authorized its staff to seek a preliminary injunction in U.S. District Court in Washington, D.C., to stop the deal, pending completion of the administrative trial. Now more than ever, it is critical that consumers benefit from vigorous competition in the health care sector both to ensure competitive prices and to drive further innovation, Richard Feinstein, director of the FTC s Bureau of Competition, said in a statement. (Triangle Business Journal)
Olson, Boies Unite to Fight Calif. Same-Sex Marriage Ban in Federal Court May 28, 2009
A motion for a preliminary injunction was filed Wednesday in San Francisco federal court. The eye-catching pairing of two high-powered lawyers from opposite ends of the political spectrum on such a divisive social issue caught many civil rights lawyers off guard. (Law.com)
Federal Court Halts New York Bottle Bill Implementation in Response to Concerns May 28, 2009
NEW YORK, May 27 /PRNewswire/ -- Today, the United States District Court for the Southern District of New York issued a preliminary injunction delaying both implementation of the Returnable Container Act ("Bottle Bill") and a requirement for New York-exclusive UPC Code labeling, pending further review to decide on the constitutionality of the law. Nestle Waters North America CEO Kim Jeffery issued the following statement supporting the decision. (PR Newswire)
CSL challenges US block of Talecris deal May 28, 2009
It is expected the FTC would then file a motion for a preliminary injunction to legally block the transaction from closing, pending a determination by the FTC's administrative law judge. The preliminary injunction hearing is usually resolved in two to four months. (Sydney Morning Herald -- Business)
Experts not surprised by ruling to uphold Prop 8 May 27, 2009
The lawsuit seeks a preliminary injunction against Proposition 8 until the case is resolved. Gay rights activists so far had avoided taking their case there for fear that a conservative majority on the U.S. Supreme Court would bar gay marriage across the country for good. (San Francisco Chronicle -- Science)
EMC's Donatelli Can Work at HP ... But Not on Storage May 27, 2009
"It remains a preliminary injunction, and both the Massachusetts and California cases are proceeding.". As EMC's top storage exec, Donatelli was responsible for most of the company's revenues and the development of products like the new. (EnterpriseStorageForum)
HP Says Executive From EMC Cleared to Start Work May 27, 2009
EMC filed suit and sought a preliminary injunction to bar Donatelli from taking the job, citing the non-compete clause. The court blocked him from starting at HP until the two companies resolved the dispute. (ABC News -- Wire)
Judge says no to taxes on Indian cigarettes May 26, 2009
Judge Rose Sconiers issued a preliminary injunction Jan. 2 barring the state from enforcing controversial tax amendments to Tax Law Section 471-e ... In the case of Day Wholesale Inc. and Scott B. Maybee v. State of New York, it is stated that "the order to show cause seeks a preliminary injunction enjoining enforcement of Tax Law Section 471-e until certain actions are taken, including the issuance of enabling regulations and the distribution of Indian tax-exempt coupons.". (Buffalo Business First, NY)
Kazakhstan's Book Ban And The Issue Of 'Prior Restraint' May 25, 2009
Another relevant case of comparison came in 1979 when the U.S. government successfully obtained a preliminary injunction against "The Progressive," a Wisconsin-based journal that was preparing to release an article titled "The H-Bomb Secret and Why We Are Telling It.". The injunction remained in effect for six months, with the government arguing that the article would reveal secrets about how to build a nuclear weapon -- secrets that had never been published before. (EurasiaNet.org)
Are You Sick and Tired of Vehicle Warranty Scams? (14) May 25, 2009
Both restraining orders are in effect until a preliminary injunction hearing set for May 29. At that time the judge will look at what type of relief should remain in place until the case proceeds to trial. (Agri-View, WI)
Washington State Court Denies Dissidents' Request for Preliminary Injunction in Penwest Proxy Vote May 23, 2009
May 22, 2009 (GLOBE NEWSWIRE) -- Penwest Pharmaceuticals Co. (NasdaqGM: - ) announced today that the Superior Court of the State of Washington for King County has denied the preliminary injunction requested by Tang Capital Management, L.P. and Perceptive Life Sciences Master Fund Ltd. in the Company's proxy vote. Penwest plans to proceed with the annual meeting on June 10, 2009 with a vote on the election of two director seats and a vote on the dissidents' 75% supermajority proposal with respect... (Primezone Releases)
Judge: Quinnipiac can't drop volleyball team yet May 23, 2009
-- A federal judge issued a preliminary injunction Friday preventing Quinnipiac University from eliminating its women's volleyball team, saying the team was likely to prevail in its gender equity case. Judge Stefan Underhill granted an injunction that keeps the team intact until a lawsuit against the school can be heard. (ESPN -- College Sports)
Playoff run doused, Flames fire Keenan May 23, 2009
A federal judge issued a preliminary injunction preventing Quinnipiac from eliminating its women's volleyball team, saying the team was likely to prevail in its gender equity case. The Boston Cannons sent the ninth pick in the upcoming Major League Lacrosse draft to Washington in exchange for defenseman Kyle Sweeney. (Boston Globe)
Hawaii injunction blocks use of voting machines until rules set May 22, 2009
The Maui residents, led by Robert Babson Jr., a former elections observer, had sought a preliminary injunction to stop the state from using the new voting machines before the 2008 elections. Cardoza denied the request because of the potential damage of an injunction so close to the elections. (Honolulu Advertiser)
Fair-Use Debate Closes RealDVD Trial May 22, 2009
The Motion Picture Association of America, which has sued to keep the RealDVD software off the market, made its closing arguments, asking Patel to issue a preliminary injunction that would keep the software off the market while litigation over the device's legality moves ahead. The movie studios' position is perfectly clear, argued , the partner representing the MPAA -- they never intended to give consumers the right to make personal copies of a DVD, and consumers have no right to do so under... (Law.com)
Court Grants AstraZeneca Preliminary Injunction Against Apotex in PULMICORT RESPULES Patent Litigation May 21, 2009
May 20 /PRNewswire-FirstCall/ -- On May 20, 2009, the US District Court for the District of New Jersey granted the request of AstraZeneca (NYSE: ) for an injunction barring Apotex (Apotex, Inc. and Apotex Corp.) from launching a generic version of AstraZeneca's PULMICORT RESPULES (budesonide inhalation suspension) in the US. No trial date for the patent litigation has been set. On March 30, 2009, the US Food and Drug Administration granted approval for a generic version of AstraZeneca's... (PR Newswire)
Not enough muscle? May 17, 2009
Short hops From the Bill Chuck files: "The Red Sox have to be happy that Frank Catalanotto signed a minor league deal with a National League team, the Brewers. Catalanotto is a lifetime .314 hitter against Boston with 11 (of his 83) homers and 52 RBIs . . . Why Sonia Sotomayor is my choice for the Supreme Court: She issued the preliminary injunction against Major League Baseball on March 30, 1995, preventing the owners from unilaterally implementing a new collective bargaining agreement and... (Boston Globe)
FAA rules against Santa Monica ban on fast jets May 15, 2009
The City Council passed the ban in late 2007, but it never went into effect because of a cease-and-desist order issued by the FAA and a preliminary injunction, which was upheld earlier this week by a federal appeals court. Residents fear the planes are at risk of running off the runway and into nearby homes. (Fresno Bee -- State)
U.S. court bars DirecTV from airing "false" ads May 14, 2009
Sippel also set a hearing on Charter's request for a preliminary injunction against DirecTV for May 20. "While we are well-positioned for competition, we believe competition should remain fair and truthful," Charter General Counsel Grier Raclin said in an e-mailed statement. (Yahoo News -- Technology)
FIRSTPLUS Financial Group, Inc. Issues Shareholder Update May 12, 2009
On March 26, 2009, the plaintiff filed a motion for preliminary injunction, which the Court granted on April 10, 2009. The preliminary injunction prohibits FPFG from disbursing any funds received or to be received by the Grantor's Trust from the Creditor's Trust, and requires FPFG to deposit those funds into the registry of the Court ... FPFG has filed a motion requesting the Court to reconsider its ruling on the preliminary injunction, and/or to narrow the scope of the injunction so that FPFG... (PR Newswire)
Segway access denied: Disabled rider sues shopping center May 10, 2009
Jones Lang Lasalle agreed to a preliminary injunction that allows Funk to operate his Segway "in a safe and prudent manner" at the mall, for the present. A settlement conference is scheduled for May 29. (New Mexico Business Weekly, NM)
Davis Wright, K&L Gates, Thompson & Knight Ensnared in Ponzi Probe May 9, 2009
"When Kraus sought a preliminary injunction, the trial judge issued an opinion in which he found funds were improperly transferred between businesses, said [ex-CEO] Harder was not a credible witness, and basically outlined [the fraud] going on at the company.". Esler says the fact that a federal judge found evidence to support accusations of fraud at Sunwest is something that should have been disclosed to investors. (Law.com)
Judge Orders 7 Studios to Give Sc... May 9, 2009
Judge grants preliminary injunction against Activision's new subsidiary ... - Scratch DJ Game LLC, a joint venture between Genius Products, LLC ("Genius") and Numark Industries LLC ("Numark"), announced today that the County Superior Court ("the Court") has granted it a preliminary injunction in its lawsuit against Activision Publishing, Inc., a subsidiary of Activision Blizzard, Inc. (NASDAQ:ATVI) ("Activision"), and California 7 Studios ("7 Studios") and former owner and president, Lewis... (New York Post -- Entertainment)
EMC Wins Round One in Donatelli Lawsuit May 6, 2009
"The court concludes that the covenant which Donatelli signed is an enforceable contract, is not unreasonably broad (at least on its face) and serves legitimate business interests of EMC," Stephen Neel, Justice of Massachusetts Suffolk County Superior Court, said in the preliminary injunction, according to Reuters. "Donatelli's intention to work for HP in California, which has a statutory prohibition on covenants not to compete, does not warrant denial of EMC's request for injunctive relief,"... (EnterpriseStorageForum)
Environmentalism Over the Second Amendment May 6, 2009
Without realizing it, Kollar-Kotelly revealed a great deal when she decided also that there is an absence of significant harm to anyone other than the Department of the Interior if a preliminary injunction was allowed. What about the dozens of unarmed people who were raped, robbed or murdered last year on our national park lands. (Human Events Online)
Home Buyers' Suit Seeks to Bar Overcharges by Title Insurers May 5, 2009
The request for a preliminary injunction was initially filed Jan. 26, four days after suit was commenced in U.S. District Court in Newark. The title companies argued the burden of compliance would be so huge it would bring closings to a halt. (Law.com)
Ex-EMC executive can't start new job May 5, 2009
EMC sued last week, seeking a preliminary injunction to bar Donatelli from taking the job. It cited a noncompete clause in his employment contract. (Boston Globe)
Court lifts stay blocking budget cuts in services May 1, 2009
A three-judge Court of Appeals panel unanimously vacated a preliminary injunction issued in March by Judge Joseph B. Heilman of Maricopa County Superior Court. Advocates for the developmentally disabled filed their suit Feb. 27, challenging the main law in a January budget-balancing package that closed a $1. (AZCentral -- News)
SoCal Fund Manager Has Assets Frozen in Fraud Case Apr 30, 2009
A hearing on whether a preliminary injunction should be issued against Ruderman and whether a permanent receiver should be appointed is scheduled for May 7. Copyright 2009 The Associated Press. (ABC News -- Wire)
Shin Lim Kim alleges the leader of a church service on Aug. 11, 2008 Apr 30, 2009
Denver judge denies Oklahoma City bombing plotter Terry Nichols' motion for a preliminary injunction in a suit over prison food. The motion "contains no specific allegations of the immediate and irreparable injury that Mr. Nichols is incurring because he lacks soluble fiber in his diet.". (Harper's Magazine)
Okla. Bomber Sues Prison For Constipation Apr 30, 2009
This week, a federal judge rejected Nichols's bid for a preliminary injunction against the Bureau of Prisons. A lawsuit filed last month by Nichols is pending. (CBS News -- US)
Water agencies target fish and game Apr 28, 2009
The water agencies Friday filed a motion in U.S. District Court in Fresno seeking a preliminary injunction against the Fish and Wildlife Service. Westlands officials are concerned that its recently revised water allocation of 10% could be lost if the federal wildlife agency imposes a new set of restrictions on pumping water out of the Sacramento-San Joaquin Delta to protect the delta smelt. (Fresno Bee -- Business)
Brown Family Reacts To Jail Escape Apr 18, 2009
This is all wrong; they should have never put them in that same cell," Brown said.A sheriff's office representative said that two inmates accused in a crime are allowed to be in the same cell unless a judge requests they not be. It was not know how long they were together, but it's all part of the internal investigation. Copyright 2009 by News4Jax.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. Sponsored Links Links We Like Sponsored Content... (News4Jax.com, FL)
Ormet Seeks Court Order Against Glencore Apr 18, 2009
Ormet filed on Thursday for a preliminary injunction against Glencore from the U.S. District Court for the Southern District of Ohio. The injunction would prevent Glencore from breaking a contract for the deliveries of alumina, the principal raw material used to make aluminum. (ABC News -- Wire)
