Preliminary Injunctions

News & Analysis as of

Katherine Craig Files VARA Claim over Illuminated Mural—“Recognized Stature” and Terms of Agreement Will be Critical

Last year we bemoaned a lost opportunity when a preliminary over a mural on the Prado Dam in California was decided under what seemed to us to be a misunderstanding of the Visual Artists Rights Act of 1990, 17 U.S.C. § 106A...more

Black Ops Mission Accomplished by Federal Trademark Registration

A recent district court decision granting a preliminary injunction in The Brooklyn Brewery Corp. v. Black Ops Brewing, Inc. demonstrates the advantage of owning a federal trademark registration when products bearing the...more

Employment Law - January 2016 #2

EU Permits Employers to Monitor Private Employee Communications - Why it matters - In a favorable ruling for employers, the European Union's (EU) highest court concluded that an employee's right to privacy was not...more

In re Trulia, Inc. Stockholder Litigation, C.A. No. 10020-CB (Del. Ch. Jan. 22, 2016) (Bouchard, C.)

This opinion represents the Court of Chancery’s latest and most definitive move toward greater scrutiny of disclosure-based settlements of stockholder class actions challenging public company mergers and acquisitions. In...more

New California Laws: AB 1390 and SB 226: More Groundwater

Last October, Gov. Jerry Brown signed into law two bills designed to make groundwater disputes easier and faster to resolve in court. Companion bills Assembly Bill 1390 and Senate Bill 226 are intended to streamline...more

Delaware Court of Chancery Rejects Another Disclosure-Only M&A Settlement and Warns of “Increasingly Vigilant” Scrutiny

The Delaware Court of Chancery dealt another blow to disclosure-only settlements of merger litigation and refused to approve a proposed class-action settlement arising from Zillow, Inc.'s acquisition of Trulia, Inc. ...more

Bankruptcy Beat: Another Tool in the Toolbox of Bankruptcy Trustees and Debtors in Possession: The Pre-Judgment Asset-Freeze...

In a decision handed down on January 4, 2016, a New York Bankruptcy Court issued a preliminary injunction preventing the transfer of any assets of the Defendant in an adversary proceeding in which a turnover of monies, along...more

Immigration Showdown: Supreme Court to Hear Appeal on President Obama’s Immigration Agenda

On Tuesday, January 19, 2016, the Supreme Court of the United States agreed to hear the appeal filed by the Obama administration relating to its plan to defer deportations and provide work authorization for certain ...more

The Duty of Loyalty Awakens

If you’re a Star Wars fan, loyalty probably means waiting ten years for “The Force Awakens.” (Or even longer if you prefer not to count Episodes I-III). For an employee looking to leave her current employer, however, loyalty...more

Breaking News: SCOTUS to Hear DOJ’s Appeal of the Fifth Circuit’s Decision in State of Texas v. U.S.

Today, the U.S. Supreme Court announced that it would hear the U.S. Department of Justice’s appeal of the Fifth Circuit’s 2-1 ruling upholding the preliminary injunction issued against President Barack Obama’s executive...more

District Court Denies Request for Contempt Where Defendant Continued to Provide Repairs and Replacement Parts to Enjoined Devices

Plaintiff Advanced Transit Dynamics, Inc. ("Plaintiff" or "ATD") filed an ex parte application for a judgment of civil contempt against Defendant Ridge Corporation's ("Defendant" or "Ridge") for allegedly violating of the...more

U.S. Government Challenges Preliminary Injunction On NSA Surveillance Program: Update On Klayman v. Obama

On Monday, January 4, 2016, the U.S. government filed a motion in Klayman v. Obama to vacate the preliminary injunction granted by the U.S. District Court for the District of Columbia that limited the National Security...more

Court Reaffirms CA Attorney General’s Demand for Donor List

Donor information is expected to remain confidential. With an apparent thumbs up from the U.S. Supreme Court, the Ninth Circuit Court of Appeals once again upheld the position of the California Attorney General (AG)...more

The Federal Circuit Will Hear Apotex’s Appeal from a Preliminary Injunction Under the BPCIA in Early 2016

In Amgen v. Apotex, Judge Cohn of the Southern District of Florida recently enjoined Apotex from selling its proposed biosimilar of Amgen’s Neulasta for 180 days following FDA approval. In Amgen v. Sandoz, 794 F.3d 1347...more

Court Of Chancery Limits Contractual Right To An Injunction

Practitioners often assume that if they provide a contractual right to an injunction for breach of contract, that the Court is obligated to find such a breach constitutes the irreparable harm that warrants an injunction. Not...more

The Assignment of Visiting Federal Judges, and a Little Wisconsin Judicial History

A decision from the U.S. Court of Appeals for the D.C. Circuit earlier this month, Wrenn v. District of Columbia, D.C. Cir. No. 15-7057, is a reminder of the crucial importance of crossing t’s and dotting i’s when it comes to...more

District Court Denies Request for Finding of Exceptional Case Where Plaintiff Pursued and Lost Motion for Preliminary Injunction

Moblize contended that TDE Petroleum Data Solutions, Inc ("TDE") either knew or should have known that its motion for preliminary injunction was meritless and that it was brought for the improper purpose of harassing Moblize....more

Sometimes It Might Not Be Worth It To Appeal The Denial Of A Preliminary Injunction

I don't think that it was worth it for TSG to appeal Judge Murphy's Order denying its Motion for a Preliminary Injunction on a covenant not to compete. That's true even though an injunction (though not on the covenant) was...more

FTC Challenges Pennsylvania Hospital Merger

On December 8, 2015, the Federal Trade Commission (FTC) announced that it would seek to block Penn State Hershey Medical Center’s (Hershey) proposed merger with Pinnacle Health System (Pinnacle), alleging that the combination...more

New Settlement Highlights FDA’s Diminishing Power Over Off-Label Promotion

In a surprising turn of events, Pacira Pharmaceuticals, Inc. and the Food and Drug Administration (FDA) announced that they have settled their dispute regarding the off-label promotion of Exparel, one of Pacira’s anesthetic...more

Biosimilar Pre-Marketing Notice Always Required

Judge Cohn of the U.S. District Court for the Southern District of Florida has issued another decision interpreting the complicated provisions of the Biologics Price Competition and Innovation Action (BPCIA), ruling that the...more

FDA Legal and Regulatory – 2015 Year In Review

Looking back on 2015, it’s apparent that this was another very busy year for the Food and Drug Administration (FDA or Agency), whose oversight responsibilities are estimated to touch 25% of American consumers’ spending on...more

Florida Federal Court Enjoins Apotex from Selling Neulasta Biosimilar for 180 Days After Approval

On December 9, a federal district court in Florida issued a preliminary injunction prohibiting Apotex from selling a proposed biosimilar version of Amgen’s cancer drug Neulasta for 180 days after the biosimilar is approved. ...more

Court Rules that Apotex Must Give Amgen Notice Upon Biosimilar Licensure

Since August 2015, Amgen and Apotex have been locked in litigation in the US District Court for the Southern District of Florida related to Apotex’s pegfilgrastim product, which is purported to be biosimilar to Amgen’s...more

Three Point Shot - December 2015

Keep Off the (Patented) Grass - Maintaining a beautiful lawn usually requires a lot of work, unless you are friends with Edward Scissorhands or install a "Brady Bunch" lawn of artificial grass instead. Installing...more

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