National Institutes of Health Aug 24, 2010
A U.S. district court issued a preliminary injunction Monday stopping federal funding of human embryonic stem cell research, saying it involves the destruction of human embryos. The University of South Carolina's medical school will use a new $6. (MSNBC -- Health)
‘Tax lady’ overstates wins, suit says Aug 24, 2010
It seeks a preliminary injunction to block what it alleges are unfair business practices and false advertising. The case seeks unspecified civil penalties on top of $33. (Boston Globe)
Judge: No federal funds for embryonic stem cell research Aug 24, 2010
Washington (CNN) -- A U.S. district judge granted a preliminary injunction Monday to stop federal funding of embryonic stem cell research that he said destroys embryos, ruling it went against the will of Congress. The ruling by Judge Royce C. Lamberth was a blow to the Obama administration, which last year issued guidelines to allow federal funding for embryonic stem cell research. (CNN -- Health)
Mining misery Aug 20, 2010
At least 18 companies that do business with Mosaic would be out at minimum of $80 million in combined annual revenue, and about 400 of their employees would lose their jobs, in addition to the 221 Mosaic workers who would be laid off if a preliminary injunction barring Mosaic from mining in federal wetlands in Hardee County is made permanent ... On July 30, U.S. District Judge Henry Lee Adams Jr. in Jacksonville issued a preliminary injunction against the expansion, saying the Army Corps had... (Tampa Bay Business Journal, FL)
Company loses federal permit to ship city trash Aug 19, 2010
Shea is scheduled on Aug. 30 to consider whether to issue a preliminary injunction to halt shipments until a trial determines if the department failed to comply with environmental review procedures ... Shea is scheduled on Aug. 30 to consider whether to issue a preliminary injunction to halt shipments until a trial determines if the department failed to comply with environmental review procedures. (Honolulu Star-Bulletin)
Ban on military-funeral protests tossed Aug 17, 2010
Phelps-Roper then went to federal court to ask for a preliminary injunction to block enforcement of the statute until its constitutionality could be reviewed. A federal appeals court eventually agreed. (CNN)
I received my first mortgage loans when I was 32 and that aided my relatives very... Aug 15, 2010
Middletown, N.Y. Mediacom Communications will lose the broadcast signals from 22 Sinclair Broadcast Group stations Nov. 30, after a federal judge denied the cable distributor's motion to issue a preliminary injunction that would block Sinclair from pulling its feeds. The decision, handed down Oct 24 from the U.S. District Court for the Southern District of Iowa, is a setback for Mediacom, which has resisted demands from Sinclair that the cable company pay it fees in exchange for... (Multichannel News)
Parties to STARS Lawsuit Seek Mediation Aug 12, 2010
Last Friday, Shanahan Law Group, of Raleigh, filed a lawsuit asking the court for a temporary restraining order and a preliminary injunction against board members John Langley, Al Haltiwanger, Bonnie McPeake, OLinda Gillis and Larry Graham. The complaint alleges that board members abused their term limits by refusing to leave office, held illegal meetings in violation of state open meetings law, approved resolutions that violated the charters bylaws and ignored compliance directives issued... (The Pilot Newspaper)
Local, federal leaders speak out on ruling Aug 12, 2010
The preliminary injunction will not allow the State police of Arizona to: a) determine upon detention and in the context of SB 1070, the immigration status based on reasonable suspicion; b) detain an individual without a warrant when there is suspicion of undocumented presence in the United States; c) request the person to bear documentation identifying him or her as an immigrant; and d) criminalize the application, solicitation or performance of a job by an unauthorized migrant. The Government... (Douglas Daily Dispatch, AZ)
Speedway's motocross track use variance null and void Aug 11, 2010
Friday s hearing seeking a preliminary injunction, represented by East Nassau Village Attorney Joseph Catalano, resulted in the stipulations. New Lebanon resident Professor Dan Lynch, who had requested that New Lebanon also join the suit at a July 26 special Town Board meeting, said that he is pleased that the decision is going to be looked at more closely. (Hudson Register Star, NY)
New Jersey Hit With Fees Over Truth-in-Music Law Aug 11, 2010
When the parties returned on Sept. 7, 2007, for a preliminary injunction hearing, Deputy Attorney General Lorraine Rak at first continued to assert that unregistered trademarks were not the same for purposes of the truth-in-music law, but during the argument she switched her position after Debevoise repeatedly rejected it ... On March 16, 2009, after getting the state to confirm what it said at the preliminary injunction hearing, Debevoise dismissed the case, saying nothing else needed to be... (Law.com)
Mediation Sought in STARS Lawsuit Aug 11, 2010
Last Friday, Shanahan Law Group, of Raleigh, filed a lawsuit asking the court for a temporary restraining order and a preliminary injunction against board members John Langley, Al Haltiwanger, Bonnie McPeake, O'Linda Gillis and Larry Graham. The complaint alleges that board members abused their term limits by refusing to leave office, held illegal meetings in violation of state open meetings law, approved resolutions that violated the charter's bylaws and ignored compliance directives issued by... (The Pilot Newspaper)
ON THE BAG: Whistling Straits through players' eyes Aug 11, 2010
On the bag: Whistling Straits from the players' perspective - USATODAY.com. On the bag: Whistling Straits from the players' perspective. (USA Today -- Sports)
Ethicon claims competitor unfairly raids work force Aug 11, 2010
In the latest case, filed May 5 in Hamilton County Common Pleas Court, Ethicon asks for a preliminary injunction prohibiting South Lebanon resident Kin Cheung, who worked as a product director, from joining Intuitive at that company s Sunnyvale, Calif ... The court issued a preliminary injunction on March 30 in similar litigation against Jarrod Bowers, who was a training manager, and Todd Goforth, an account executive. (Cincinnati Business Courier, OH)
Wine kiosks coming soon near you Aug 11, 2010
On Thursday, a Commonwealth Court judge turned down the managers' request for a preliminary injunction. Judge Patricia A. McCullough noted that witness David Wanamaker, the union's vice president, could not say if the pilot kiosks had affected sales at nearby state liquor stores and could only recall one employee furlough in 35 years. (Pittsburgh Post-Gazette, PA)
Judge temporarliy bars California from imposing new furloughs Aug 10, 2010
He scheduled a September 13 hearing on a preliminary injunction. For the past year and a half, 200,000 workers have been forced to take three unpaid furlough days a month -- losing as much as 14 percent of their pay. (CNN -- US)
Board files suit to keep Bellevue hospital open Aug 10, 2010
The advisory board, made up of four residents and officials with long-standing ties to the hospital, filed the lawsuit Friday in Allegheny County Common Pleas Court and asked for a preliminary injunction to stop the shutdown, scheduled for this Friday, Mr. Hunt said. The lawsuit alleges breach of contract by the West Penn health system arguing that it violated the 1994 affiliation agreement. (Pittsburgh Post-Gazette, PA)
STARS Board Members Sued Aug 7, 2010
Shanahan Law Group, of Raleigh, filed a motion for a temporary restraining order and a preliminary injunction against John Langley, Al Haltiwanger, Bonnie McPeake, OLinda Gillis and Larry Graham all referred to in the complaint as holdover board members who have violated the STARS charter by overstaying their term limits. The complaint was filed on behalf of Fred Walden, Steven George and Cathy Buchan in their capacity as members of the STARS board members, the STARS Parent-Teacher... (The Pilot Newspaper)
Harley dealership takes legal action on noise ordinance Aug 7, 2010
"My next step is to draft an answer to the complaint, which must be filed by Oct. 7, 2010," Serge wrote. Fournier, who received a draft copy of the proposed filing in late July, said the town's decision not to enforce the ordinance did not have a bearing on the dealership's decision to move forward with its legal action. (Seacoast New Hampshire)
Recent Court Rulings In Perfect 10 v. Google Lawsuit Pose Substantial Threat to Rights Holders Aug 7, 2010
"First, the July 26 ruling granted the majority of Google's motions for summary judgment under the Digital Millennium Copyright Act (the 'DMCA'), even though Google is still displaying 22,000 of our images and has not responded to most of our notices of infringement. Then, on July 30, the Court denied Perfect 10's second motion for preliminary injunction. This motion sought to stop Google from copying and displaying large numbers of Perfect 10 images, placing Google ads around them, misusing... (Yahoo! Wire -- Entertainment News)
CakeBoss vs Cake Boss Aug 6, 2010
There is no question that Discovery s power to market Cake Boss overwhelms Masters power to market CakeBoss, Jones wrote in the preliminary injunction ... In his preliminary injunction, Jones wrote there is no evidence that Discovery tried to determine if Cake Boss was in use in business before it chose the name in February 2009. (Cedar Park Hill Country News Weekender, TX)
Gov's office calls judge's Victoryland ruling "temper tantrum" Aug 6, 2010
This matter came before the Court on Defendant's Emergency Motion to Dissolve Preliminary Injunction or to Stay Preliminary Injunction Pending Appeal and responses filed by the Plaintiffs and the Court having considered the same, finds as follows ... Hence, the Defendant's Emergency Motion to Dissolve Preliminary Injunction or to Stay Preliminary Injunction Pending Appeal is hereby Denied. (WSFA.com, AL)
Bolton's Ruling: SB 1070 Breakdown Aug 5, 2010
It asked Federal District Court Judge Susan R. Bolton to issue a preliminary injunction preventing SB 1070 from becoming law on July 29, 2010. Bolton ruled in the U.S. is likely to succeed on the merits of its preemption claims at trial, will suffer irreparable harm unless parts of SB 1070 are blocked, and an injunction would be fair and in the public interest. (Suite101.com)
Judge Hears Arguments About Neb. Real Estate Rules Aug 4, 2010
U.S. District Judge Joseph Bataillon heard oral arguments on the matter Tuesday but did not immediately rule on a request for a preliminary injunction. A California woman who runs a home-sale website is challenging the rules and fighting a sanction from the Nebraska Real Estate Commission. (ABC News -- Wire)
The Spanish Prisoner: The Unequal Burdens of Arizona's Immigration Law Aug 4, 2010
U.S. District Judge Susan Bolton cited that decision last week when she issued a preliminary injunction that prevents Arizona from enforcing major provisions of its new immigration law. Although Arizona did not create its own alien registry, its avowed aim of preventing "the unlawful entry and presence of aliens" can be accomplished only by imposing the sort of "distinct, unusual and extraordinary burdens" that troubled the Supreme Court in 1941. (Townhall.com)
Judge Nixes Motion to Disqualify Akin Gump in Allen Stanford Insurance Suit Aug 3, 2010
The executives claim the money laundering exclusion should not apply, and a preliminary injunction hearing on that issue is set for Aug. 24. Stanford's attorney, Robert S. Bennett, of Bennett Nguyen Joint Venture of Houston, says, "We are disappointed. We thought we had shown enough." Bennett says Stanford may appeal. (Law.com)
Ellmers: Defund Obamacare After Midterms Aug 3, 2010
Ellmers also says she totally disagrees with a judge s decision to grant a preliminary injunction against the most controversial aspects of Arizona s new immigration law. She had reached out to Etheridge, a member of the Ways and Means Committee, to defund the Justice Department s lawsuit against the Arizona law. (Newsmax)
Kyl: Illegal Aliens' Kids Shouldn't Be Citizens Aug 2, 2010
The growing support for the issue suggests the Republicans are exploring different strategies to fight the Obama administration's victory over the Arizona immigration law, after Bolton issued a preliminary injunction on key provisions. Kyl is a supporter of the law. (CBS News -- Politics)
Arizona immigration law debate triggers national shockwaves Aug 1, 2010
Because even though President Barack Obama's Justice Department won a preliminary injunction stopping key provisions of Senate Bill 1070, few seriously expect Congress to act amid election-year pressures. "The bigger problem is that Democrats and Republicans under this administration, in this Congress, haven't figured out a way to work together," said Tamar Jacoby, president of ImmigrationWorks USA, a national organization that supports immigration reform from a pro-business perspective. (AZCentral -- News)
Court reversal of Fla. campaign-finance law a win for Scott in GOP gov race Jul 31, 2010
Saying Scott's free speech rights would be "irreparably harmed," the U.S. 11th Circuit Court of Appeals issued a preliminary injunction preventing the state from releasing extra campaign funds to McCollum based on how much his multi-millionaire opponent spends. Interim Secretary of State Dawn Roberts said she was deciding whether to appeal the ruling to preserve the so-called Millionaire's Amendment. (The Palm Beach Post)
Judge rules New Century Bank cannot change name Jul 31, 2010
On Tuesday, Joel H. Slomsky, U.S. Judge for the Eastern District of Pennsylvania, granted Alliance s motion for a preliminary injunction against Phoenixville, Pa. -based New Century. (Philadelphia Business Journal, PA)
Georgia Race for Governor Could Add to "Year of the PowerChick" Trend Jul 31, 2010
The Justice Department is requesting a preliminary injunction to stop the law from taking effect on July 20. Handel, who was just recently endorsed by Arizona Governor Jen Brewer, is no stranger to dealing with illegal immigration issues and opposition from the Administration. (Townhall.com)
L.B. Foster extends tender offer again Jul 31, 2010
The companies , but it was stalled due to a preliminary injunction handed down by the Court of Common Pleas of Allegheny County ... Due to the preliminary injunction, L.B. Foster and ... The preliminary injunction , but questions remain regarding Department of Justice antitrust concerns. (Pittsburgh Business Times, PA)
Mayor Gordon: Federal reform is next step Jul 31, 2010
City of Phoenix Mayor Phil Gordon held a press conference Friday to talk about the latest news on Arizona s illegal immigration law, Senate Bill 1070, expressing his belief that the preliminary injunction blocking key provisions of the measure is one step closer to federal immigration reform and one step closer to settling the conflict. This law was destined to be in the courts, he said. (Phoenix Business Journal, AZ)
DISH Avoids STELA Noncom Mandate Jul 30, 2010
After a court rejected its request for a preliminary injunction against the mandate, the satellite operator was facing a July 27 deadline in the Satellite Television Extension and Localism Act for either striking its own, independent carriage deal with at least 30 noncoms, or be subject to a mandate that it carry all noncommercial stations in HD by the end of next year rather than by 2013, the FCC deadline -- as part of a phase-in plan -- for satellite HD carriage for commercial and... (Multichannel News)
Secret of English muffin 'nooks & crannies' is safe for now Jul 30, 2010
In this case, the three-judge panel agreed with a lower-court judge that Botticella who had declined to testify at the preliminary injunction hearing should be banned from Hostess temporarily. "The court should fashion a remedy appropriate to protect Bimbo's trade secrets without unduly imposing on Botticella's right to pursue his chosen occupation," Greenberg wrote. (USA Today -- Money)
Federal judge blocks trash shipments from Honolulu to Washington Jul 30, 2010
A hearing on a preliminary injunction is scheduled for Aug. 30 in Shea's court in Spokane, Wash ... A hearing on a preliminary injunction is scheduled for Aug. 30 in Shea's court in Spokane, Wash. (Honolulu Star-Bulletin)
Graham: End Birthright Citizenship for Illegals Jul 30, 2010
SIGN UP FOR FREE NEWS ALERTS. Thursday, 29 Jul 2010 01:54 PM Article Font Size. (Newsmax)
Arizona Ruling: Ripe for Appeal Jul 30, 2010
Most of the lawyers and experts I have spoken with consider the preliminary injunction to be ripe for appeal. Arizona Gov. Jan Brewer immediately responded, This fight is far from over. (Human Events Online)
Judge Puts Hold on Ariz. Immigration ProvisionsFederal judge will continue to weigh legal challenge on the measure. Jul 29, 2010
But the court "finds that preserving the status quo through a preliminary injunction is less harmful than allowing state laws that are likely preempted by federal law to be enforced." ... "It's a preliminary injunction so it's not final," said attorney Linton Joaquin with the National Immigration Law Center, which is party to one of the lawsuits challenging the law. (ABC News)
Pearce: Much of immigration law holds up Jul 29, 2010
Bolton issued a preliminary injunction Wednesday blocking a provision of the new law that requires Arizona police to ask about legal status and for identification if they suspect someone they detained is an illegal immigrant. Pearce, a Mesa Republican, was confident that provision would win its day in court and welcomed the other provisions moving forward. (Phoenix Business Journal, AZ)
Arizona judge gets it exactly right Jul 29, 2010
Bolton cherry-picked those elements of the law that she found troubling and issued a preliminary injunction against those parts. The rest of the law -- allowing for perfectly reasonable things such as making it a state crime to transport illegal immigrants -- will go into effect Thursday as planned. (Sydney Morning Herald -- Opinion)
Coalition files suit over assessments Jul 29, 2010
The preliminary injunction would stop the district from collecting taxes. If that goes through, then the court will have to determine whether the roll should be used to determine the taxes due. (Hudson Register Star, NY)
Buffett's Dairy Queen Turns Chilly in Blizzard Lawsuit Jul 29, 2010
"A preliminary injunction prohibiting the harmful conduct serves the public interest.". Stephen Abraham, a lawyer for Yogubliz did not immediately return a call on Wednesday morning seeking a comment. (Newsmax)
Reactions to Judge's ruling on SB1070 Jul 29, 2010
"Our form of government works again, as evidenced by the federal court's decision to issue a preliminary injunction against troubling sections of SB 1070," stated Pinal County District 1 Supervisor Pete Rios. "The Judicial branch of government has temporarily stopped the Legislative and Executive branches of the state of Arizona from encroaching on federal jurisdiction and taking a piece-meal approach to our country's immigration problem. Although I fully acknowledge that we have a major... (KOLD.com, AZ)
Grijalva rescinds his call for boycott Jul 29, 2010
Grijalva said the federal judge's preliminary injunction preventing several sections of Arizona's new immigration law from going into effect Thursday is a good time to "pause and see what the next step is.". As part of that pause, he said in a statement, "I am encouraging national groups to return their conventions and conferences to the state to help us change the political and economic climate.". (AZCentral -- Business)
L.B. Foster profit more than doubles Jul 28, 2010
The company (Nasdaq: PRPX), but was faced with challenges in doing so earlier this year when a preliminary injunction was instated by the courts. T; however, questions still remain regarding Department of Justice antitrust concerns. (Pittsburgh Business Times, PA)
Court May Hold Up Executive's New Job due to Trade Secrets Jul 28, 2010
Surrick's preliminary injunction was set to expire after two months ... But Botticella's lawyer, Elizabeth K. Ainslie of Schnader Harrison Segal & Lewis, took an immediate appeal, arguing that Surrick's preliminary injunction was fatally flawed because it was premised on too broad an application of the "inevitable disclosure" doctrine ... That trial, Greenberg noted, was originally scheduled to start about two months from the date Surrick issued the preliminary injunction, but the case was... (Law.com)
Monterey Files Injunction Against Pot Clinic 12min Jul 27, 2010
Preliminary Injunction Ordered Earlier This Year ... On March 12, a motion for a preliminary injunction against the clinic and operators was granted by Judge Robert O'Farrell ... However, the city said that since the preliminary injunction was issued, the clinic has continued to operate. (KSBW 8, CA)
Locals Plan Challenge Of AZ Immigration Law Jul 27, 2010
So far, a U.S. district judge has not issued a ruling on a preliminary injunction. Copyright 2010 by. (KSBW 8, CA)
Judge Blocks AZ Law On Domestic Partner Benefits Jul 25, 2010
U.S. District Judge John Sedwick on Friday issued a preliminary injunction that requires the state to still make family health insurance available to gay and lesbian state employees who have established relationships that meet standards set under state administration rules. The judge also dismissed part of a lawsuit challenging the prohibition but left another part intact, allowing the suit to continue. (Newsmax)
Harry Reid's Energy Fiasco Jul 24, 2010
The WLF brief, filed in U.S. District Court, seeks denial of the U.S. Justice Department s request for a preliminary injunction against the law, which permits police to ask for proof of citizenship from people they stop for possible lawbreaking. Joining the WLF in its brief are Republican Representatives Lynn Jenkins (Ga. (Human Events Online)
Krispy Kreme Wins Trademark Claims Against Franchisee Jul 24, 2010
A federal judge granted the preliminary injunction to the doughnut maker on the grounds that franchisee Satellite Donuts was behind on its obligations under its agreements with Krispy Kreme and is in violation of the Lanham Act ... 1986), where the court said that "in a licensor/licensee case the reasons for issuing a preliminary injunction for trademark are more compelling than in the ordinary case.". (Law.com)
- Judge grills lawyers over new Arizona, US immigration law Jul 24, 2010
The Obama administration is seeking a preliminary injunction blocking implementation of the law that requires state and local police, during lawful contact, to investigate the immigration status of anyone they reasonably suspect of being an illegal immigrant. US District Judge Susan Bolton peppered lawyers for both sides during a 90-minute hearing over whether the state law contravenes federal authority over immigration law, and if predictions by critics that it will lead to racial profiling... (Taipei Times, Taiwan -- Sports)
DISH: Court Denies Injunction Of Noncom HD Mandate Jul 23, 2010
A Nevada U.S. district court has denied DISH Network's request for a preliminary injunction against implementation of the noncommercial station HD carriage mandate in the satellite reauthorization law, according to a DISH spokesperson. "We are disappointed with the decision, and intend to appeal," said DISH in a statement. (Multichannel News)
Court halts change in mental health plan Jul 22, 2010
Plaintiffs are being represented by Disability Rights California, Western Center on Law and Poverty and Cooley LLP. Worried that mental health consumers will suffer irreparable harm if county officials proceed with the plan, disability advocated filed papers in June requesting a preliminary injunction against the revamp. It was granted Tuesday by U.S. District Court Judge John Mendez in Sacramento. (Sacramento Business Journal, CA)
Judge rules against Pinnacle in St. Louis casino dispute Jul 16, 2010
A preliminary injunction will not be issued simply to prevent the possibility of some remote future injury, U.S. District Judge Audrey Fleissig wrote in a ruling Thursday. The threat of any harm to Pinnacle is speculative. (St. Louis Business Journal, MO)
Judge gives York Beach businessman 2 weeks to fix safety problems Jul 16, 2010
"The judge's decision came after an hour-long hearing Thursday in Superior Court on the town of York's motion for a temporary restraining order and preliminary injunction to remove tenants from the building.Kennebunk attorney Durward Parkinson argued the buildings are so unsafe that they can't be occupied, while Paras' attorney, Portsmouth lawyer JP Nadeau, said the situation is not as dire as laid out by the town and "irreparable harm" hasn't occurred.Parkinson laid out a litany of problems... (Seacoast New Hampshire)
Neb. judge blocks new abortion law Jul 15, 2010
US District Judge Laurie Smith Camp granted Planned Parenthood of the Heartland s request for a preliminary injunction against the law, which was supposed to take effect today. The order will prevent the state from enforcing the law until the lawsuit challenging it is decided. (Boston Globe)
Judge to hear lawsuit vs. Arizona's immigration law Jul 15, 2010
Each side also will get 30 minutes to argue for or against Salgado's motion for a preliminary injunction, with Salgado's attorney getting additional time for rebuttal. A preliminary injunction would keep SB 1070 from going into effect until the court has a chance to hear the full case. (AZCentral -- News)
UW trustees need to talk about Ayers case in public Jul 14, 2010
Ayers and Lanker sued, and a federal judge issued a preliminary injunction that forced UW to permit Ayers to lecture at the UniWyo Dome on April 28. They dropped their lawsuit against UW in mid-May, after the university agreed to pay $50,000 in lawyer fees. (Casper Star-Tribune, WY)
New deepwater drilling ban issued Jul 13, 2010
Last month, U.S. District Judge Martin Feldman issued a preliminary injunction against the ban, which halted all Gulf of Mexico drilling in more than 500 feet of water and prevented new permits from being issued. The government appealed the ruling and asked for an emergency stay of Feldman's decision while the case continued. (CNN)
Panhandling banned at L.A. airport Jul 13, 2010
Wednesday's decision by the federal appeals court lifted the preliminary injunction. Organizations can still hand out literature and speak to willing , and they can still seek financial support as long as they do not request the "immediate exchange of funds," the airport said. (CNN -- Travel)
Response to federal suit Jul 11, 2010
"The purpose of a preliminary injunction is 'to prevent existing or presently threatened injuries. One will not be granted against something merely feared as liable to occur at some indefinite time in the future,' " the response said. The Department of Justice filed the suit Tuesday in Arizona's U.S. District Court. (AZCentral -- News)
University of Wyoming trustees meeting may violate open records law Jul 11, 2010
A federal judge subsequently granted a preliminary injunction that forced UW to permit Ayers to deliver a lecture on education theory at the UniWyo Dome on April 28. Ayers and Lanker dropped their lawsuit against UW in mid-May after the university agreed to pay $50,000 in lawyer fees. (Casper Star-Tribune, WY)
