News & Analysis as of

Appeals Injunctions

Schwabe, Williamson & Wyatt PC

Future of Non-Compete Agreements Uncertain After July Court Decisions

The Federal Trade Commission has issued a final rule that largely bans all post-employment non-compete agreements, with limited exceptions. Two decisions in July addressed the FTC’s ban. One found the ban on post-employment...more

Proskauer - Employee Benefits & Executive...

More on Braidwood: ACA Preventive Services Mandate Remains Mostly in Place (For the Time Being)

At the end of June, the U.S. Court of Appeals for the Fifth Circuit affirmed a district court order invalidating the Affordable Care Act preventive services mandate for “A” or “B” items and services recommended by the United...more

Proskauer - Labor Relations Update

Eighth Circuit Upholds NLRB Bad Faith Bargaining Decision and Broad Remedies Order

On April 8, 2024, the U.S. Court of Appeals for the Eight Circuit, in United Food & Com. Workers’ Union, Loc. No. 293 v. Noah’s Ark Processors, LLC, No. 23-1895 (8th Cir. 2024), upheld the National Labor Relations Board’s...more

Walkers

Cayman Court of Appeal confirms jurisdiction to grant injunctions in support of foreign-seated arbitration

Walkers on

On 28 March 2024 the Cayman Islands Court of Appeal dismissed an appeal by Minsheng Vocational Education Company Limited against an injunction enjoining Minsheng from purporting to enforce certain share charges. This is...more

ArentFox Schiff

Three Cases Highlight the Importance of Judicial Branch Procedural Rules in Resolving Policy Disputes

ArentFox Schiff on

Policy debates normally focus on substance. Is climate change real? How can business entities weigh environmental, social, and governance (ESG) factors into their decision-making? ...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Won't Remove Block on Florida Anti-DEI Training Law

On Monday, a unanimous panel of the Eleventh Circuit Court of Appeals refused to reverse an injunction barring enforcement of portions of Florida’s Individual Freedom Act. The law in question would bar employers from...more

Sherman & Howard L.L.C.

Corporate Transparency Act Ruled Unconstitutional

Late on Friday, March 1, 2024, a federal judge in the Northern District of Alabama ruled that the Corporate Transparency Act (“CTA”) is unconstitutional pursuant to a Motion for Summary Judgment. Under the CTA, entities...more

Akin Gump Strauss Hauer & Feld LLP

Federal District Court in Alabama Holds Corporate Transparency Act Unconstitutional and Enjoins Enforcement Against Plaintiffs

A U.S. District Court judge in Alabama recently ruled that the Corporate Transparency Act (“CTA”) is unconstitutional. The CTA, which was enacted on January 1, 2021, directs the U.S. Department of the Treasury’s Financial...more

Smart & Biggar

Canadian IP Litigation 2023: Year in Review

Smart & Biggar on

The year 2023 witnessed several developments in Canadian IP litigation. From summary judgment finding its limits to the denial of a permanent injunction for the first time in almost three decades, several cases decided in...more

Conyers

Frozen Crypto Assets and a Dissolved Company: The EC Court of Appeal’s Application of Convoy Collateral

Conyers on

In its seminal decision in Broad Idea International v Convoy Collateral [2021] UKPC 24 (“Convoy”), a case which had its genesis in the BVI Commercial Court, the Privy Council delivered a ground-breaking exposition of the law...more

McDermott Will & Emery

Sorry—No Finality, No Injunction, No Appellate Jurisdiction

McDermott Will & Emery on

The US Court of Appeals for the Third Circuit dismissed an appeal from the denial of a motion under the Defend Trade Secrets Act (DTSA) for an ex parte seizure order, explaining that such orders are not final, not effectively...more

Dorsey & Whitney LLP

Uncertainty Looms: Minneapolis's 2040 Plan Hits (Another) Judicial Roadblock

Dorsey & Whitney LLP on

The month of September was a bad month for the City of Minneapolis’s 2040 Comprehensive Plan (2040 Comp Plan). On September 5, 2023, Minnesota’s Fourth Judicial District (Hennepin County) released a decision temporarily...more

Pillsbury Winthrop Shaw Pittman LLP

When Does an Alter Ego Suit Alleging Debtor and Non-Debtor Are “One and the Same” Violate the Discharge Injunction?

The Ninth Circuit Bankruptcy Appellate Panel holds that a discharge injunction does not bar an alter ego claim against a non-debtor where, under applicable law, the result of an alter ego finding is not to deem the entities...more

McDermott Will & Emery

Rimini, Meeny, Miny, Moe: Ninth Circuit Affirms Most PI Violation Findings, Reverses Others

Addressing the boundaries of a permanent injunction awarded to a major software developer, the US Court of Appeals for the Ninth Circuit largely agreed that the defending developer was in contempt for violating the order but...more

Kaufman & Canoles

N.C. Court of Appeals Lifts Injunction in Skill-Games Case Opening Possibility of Criminal Prosecution

Kaufman & Canoles on

Last month, the North Carolina Court of Appeals dealt a blow to the skill-based gaming industry by overturning a trial court injunction which barred law enforcement from pursuing criminal charges against the litigants who are...more

Bradley Arant Boult Cummings LLP

No Nationwide Class Action for Violation of the Bankruptcy Discharge Injunction

The Second Circuit’s recent decision in Bruce v. Citigroup, Inc., 2023 WL 4919496, at *1 (2nd Cir. Aug 2, 2023) appears to be the second Circuit Court of Appeals (joining the Fifth Circuit) to specifically hold that a...more

Maynard Nexsen

Court Enjoins Rebuttable Presumption in 8(a) Program: What's Next for Future, Current Participants?

Maynard Nexsen on

On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee held in Ultima Servs. Corp. v. U.S. Dep't of Agric. that the "rebuttable presumption" of social disadvantage under Small Business...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Pauses Injunction Restricting Communications Between the Government and Social Media Companies Over Content Removal

On July 14, 2023, the U.S. Court of Appeals for the Fifth Circuit issued an administrative stay of an order that would prohibit certain federal officials and agencies from communicating with social media companies on content...more

Patton Sullivan Brodehl LLP

“Business Judgment Rule” Applies to HOAs

California’s common law “business judgment rule,” as described by the courts, protects from court intervention “those management decisions which are made by directors in good faith in what the directors believe is the...more

Cooley LLP

High Court Endorses Seven Principles for Securing Precautionary Injunctions

Cooley LLP on

Injunctions are typically sought by parties after wrongdoing has already taken place. However, English courts may grant a ‘quia timet’ – or ‘precautionary’ – injunction to prevent an actionable wrong from being committed. ...more

McDermott Will & Emery

Quack, Waddle and Duck: Order That Grants Injunctive Relief Is an Injunction

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit vacated and remanded a district court ruling, finding that the district court failed to properly apply the Federal Rules of Civil Procedure (FRCP) in granting injunctive relief....more

(ACOEL) | American College of Environmental...

Bounty Laws and Citizen Suits

In a jurisprudential pile-up, the Fifth Circuit has become the arena for two simultaneous legal battles that may shape the law of standing and realign federal environmental law. While all eyes are on the U.S. Supreme Court...more

Steptoe & Johnson PLLC

Federal Court to Reexamine Merits of a Nationwide Injunction to Tip Credit Rule

Steptoe & Johnson PLLC on

On April 28, 2023, the U.S. Court of Appeals for the Fifth Circuit found that enforcing the Department of Labor’s (DOL) tip credit rule could cause irreparable harm to restaurants and other employers with tipped employees....more

Jackson Lewis P.C.

Puerto Rico House Seeks Injunction on Court Decision Striking Down 2022 Labor Reform

Jackson Lewis P.C. on

The struggle to provide certainty on employment issues to the private sector in Puerto Rico is not over. The Speaker of the Puerto Rico House of Representatives is seeking an injunction to stay the district court decision...more

Foley Hoag LLP

Art Exhibitions Get Complicated: When an American Museum Borrows Art from Abroad, Can A Putative Owner Sue in U.S. Court to Claim...

Foley Hoag LLP on

As we walk through art museums, admiring the paintings, sculptures, and artifacts, we (sometimes) read the little cards that explain each piece and identify who donated or loaned it to the museum. We might not pay much...more

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