Preliminary Injunctions

News & Analysis as of

Amazon’s Latest Trademark Battle: A Race Against “Chime”

Last month, Amazon Web Services (“AWS”) announced a new application, Amazon Chime, for online meetings, including video and voice conferencing, chat, and screen sharing. Amazon Chime will compete against a crowd of other...more

Chicago-Area Hospitals Abandon Fight to Save Merger from FTC Challenge

After the U.S. Court of Appeals for the Seventh Circuit ruled on Oct. 31, 2016, that the district court's refusal to enjoin the merger of two hospital systems in Chicago's northern suburbs was based on an improper antitrust...more

If You Checked The Box, You’re Bound By The Contract

A recent decision by the Third Circuit Court of Appeals highlights the well-established legal maxim that “when a party enters into a signed, written contract, that party is presumed to understand and assent to its terms.”...more

President Trump Signs Second “Travel Ban” Executive Order; Hawaii and Maryland Federal Courts Block Ban Temporarily; DOJ Expected...

On March 6, 2017, President Donald Trump signed a new “Travel Ban” Executive Order with an effective date of March 16, 2017. The order revoked a previous executive order signed on January 27, 2017, which was blocked by the...more

Kern County Judge Grants Injunction, Blocking Blanket Enforcement of Oil Field Aquifer Exemption Regulations

A reported in a prior blog post, the Western States Petroleum Association (“WSPA”) sued the California Department of Conservation and the Division of Oil, Gas and Geothermal Resources (jointly, the “Department”) in Kern...more

Ruined, Missing Wine leads to Million Dollar Hangover for Debtor

A Chapter 7 debtor’s failure to comply with a bankruptcy court order to preserve a $2 million dollar-plus collection of fine wines has led to the imposition of sanctions of over $1 million, most of which could be charged...more

Texas Federal Court Grants Preliminary Injunction Based On Sea Turtle Concerns

On March 13, 2017, the U.S. District Court for the Southern District of Texas granted a preliminary injunction relying primarily on Endangered Species Act (ESA) claims, halting operation of a mooring project on the Lydia Ann...more

Employer-Compliance Obligations and Enjoined DOL Regulations

As previously discussed on this blog in a post dated November 23, 2016, the United States Department of Labor (“DOL”), in May of 2016, issued a final rule (“Final Rule”) revising its regulations construing the so-called...more

Déjà Vu All Over Again? Federal Court Blocks Trump’s Second Travel Ban

In the most stinging legal rebuke yet to President Trump’s efforts to bar certain immigrants from reaching the country’s shores, a federal judge in Hawaii late Wednesday ordered the president’s second travel ban be...more

Travel Ban Suspended by Hawaii Federal Court

On Wednesday, March 15, 2017, a federal court in Hawaii temporarily enjoined the Executive Order commonly known as the “travel ban” that was to take effect today (Thursday, March 16, 2017). Several other federal courts have...more

Divided D.C. Circuit panel denies injunction blocking CFPB CID

The D.C. Circuit, in a divided decision, denied a motion for an emergency injunction pending appeal filed by a company seeking to halt all CFPB action adverse to the company, including enforcement of a CID and disclosure of...more

The St. Louis Minimum Wage: City’s Press Release Raises More Questions Than it Answers

In our recent blog post, “The St. Louis Minimum Wage Returns From the Dead,” we reviewed the implications of the Supreme Court of Missouri’s Cooperative Home Care, Inc. v. City of St. Louis (No. SC95401) decision, which...more

Bankruptcy Court Holds Bermuda Insurers Violated Barton Doctrine By Seeking Anti-Suit Injunctions In Bermuda Courts

Two separate courts in the Southern District of New York have recently issued opinions relating to a complicated bankruptcy proceeding following the collapse of MF Global Holdings Ltd. in 2011. The underlying dispute involves...more

Battle Over Controversial Student Art in U.S. Capitol Lands in Court—First Amendment in Focus Again

For several weeks earlier this year, an odd battle was waged in the halls of the U.S. Capitol over a controversial work of art by a high school student placed there after an art competition in St. Louis. At issue is whether...more

St. Louis Minimum Wage Ordinance Valid, Missouri High Court Rules

A unanimous Missouri Supreme Court has upheld St. Louis City’s local minimum wage ordinance, reversing a trial court judgment that had enjoined and invalidated the ordinance in 2015. Cooperative Home Care, Inc. v. City of St....more

Church’s RLUIPA Claim Against an Illinois City is “Likely to Succeed”

The District Court for the Northern District of Illinois granted a preliminary injunction prohibiting the City of Markham from requiring the Original Bible Church of Illinois to obtain conditional use approval to use property...more

Preliminary Injunction Maintained Despite Adverse Decision in Parallel Post-Grant Review

Addressing the merits of an injunction in a case where the district court and the Patent Trial and Appeal Board (PTAB) disagreed as to the validity of a patent in parallel proceedings, the US Court of Appeals for the Federal...more

Fair Play in Granting Area Variances on the Tennis Court and in the Judicial Court

The orientation of a tennis court in a north/south direction is a benefit to competitive players interested in fair tennis play. Even the Appellate Division, Second Department, agrees. To avoid the impact of sun glare, a...more

Actors’ Ages to Remain Available Online (At Least for Now)

A federal court has granted IMDb’s request for a preliminary injunction to allow the entertainment website to keep actors’ ages in their online profiles – despite the enactment of a statute in California prohibiting same....more

Court declines to enjoin Dept. of Education termination of recognition status of college accrediting organization challenging CFPB...

In December 2016, the Secretary of Education issued a decision adopting the decision of the Department of Education’s Senior Department Official terminating and withdrawing the Department’s recognition of the Accrediting...more

Hindsight Cannot be the Thread that Stitches the Prior Art Patches into the Claimed Invention

In Metalcraft of Mayville, Inc., v. The Toro Company, [2016-2433, 2016-2514] (February 16, 2017), the Federal Circuit affirmed a modified preliminary injunction against Toro’s continued infringement of U.S. Patent No....more

Trump Administration Rolls Back Transgender Student Protections

Schools No Longer Face Federal Requirement To Permit Transgender Students To Access Restrooms Corresponding With Their Gender Identities - Late yesterday, the Trump administration revoked Obama-era federal guidelines...more

Fifth Circuit Grants Request to Delay Appeal on Federal Overtime Rule

The appeal regarding the validity of the federal overtime rule will not be fully briefed until May 1, 2017, according to an order issued by the Fifth Circuit on February 22, 2017, granting an unopposed request by the...more

Overtime Appeal Faces Further Delay

So what’s the future of the overtime regulations that were supposed to become effective last December, but then got blocked by a federal judge just before Thanksgiving? It appears that we are going to have to wait a while...more

Trump Administration Withdraws Motion Seeking to Limit Court's Stay of Obama's Transgender Bathroom Guidance in Public Schools

There has been much speculation about the Trump administration’s position with respect to LGBTQ rights. We may now have our first glimpse. Just days after Jeff Sessions was confirmed as Attorney General, the government has...more

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