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Preliminary Injunctions Interlocutory Appeals

Pierce Atwood LLP

Interlocutory Appeals and Judicial Efficiency

Pierce Atwood LLP on

In a recent blog post, I explored the application of the final judgment rule to appeals from preliminary injunction orders in state court. As I noted, the Law Court has recently applied the “death knell” exception to that...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Standards for Relief from Sanction Order Under Federal Rules of Civil Procedure

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case involving a party’s request for relief from an sanction order. The court denied the request, finding that relief under FRCP is an extraordinary remedy and the party...more

White & Case LLP

hiQ's preliminary injunction affirmed. A green light for data scraping or not?

White & Case LLP on

As we have previously discussed, claims under the Computer Fraud and Abuses Act (CFAA) are commonly asserted as a means of protecting online data from unwanted scraping activity.  The scope and application of the CFAA,...more

Akin Gump Strauss Hauer & Feld LLP

Continued Developments in Challenges to Customs’s Enforcement of Section 337 Exclusion Orders in Disputes Before the U.S. Court of...

At the end of 2018, the U.S. Court of International Trade (CIT) issued an opinion in One World Techs., Inc. v. United States. In that decision, Judge Choe-Groves concluded that U.S. Customs and Border Protection (CBP)...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Labor Department to Withdraw Overtime Appeal

As a result of the August 31 ruling by a federal district court judge invalidating highly controversial proposed revisions to federal overtime regulations, the U.S. Department of Labor (DOL), now has filed a motion with the...more

Parker Poe Adams & Bernstein LLP

North Carolina Appellate Court Refuses to Lift Preliminary Injunction in Non-Solicitation Case Before Trial

When an employer believes that a former employee has violated post-employment restrictive covenants, it often seeks injunctive relief intended to prevent harm to its business pending a final determination on the merits of the...more

Foley & Lardner LLP

Conflict Between Granting a Preliminary Injunction and Staying the Case Pending Appeal of the Injunction

Foley & Lardner LLP on

In Fresenius Kabi USA, LLC v. Fera Pharmaceuticals, LLC, et al., Case No. 15-3654 (D.N.J.) the district court recently denied Fresenius’s motion to dismiss Fera’s antitrust counterclaims, but simultaneously decided to sever...more

Proskauer - Law and the Workplace

Texas Judge Denies DOL’s Motion to Stay District Court Overtime Litigation Pending Appeal

Yesterday, Judge Amos Mazzant of the Eastern District of Texas denied the motion of the U.S. Department of Labor to stay further district court proceedings in the overtime litigation. The DOL had asked the district...more

Seyfarth Shaw LLP

Texas Court of Appeals Finds Noncompete Agreement Inapplicable to Former President’s Post-Termination Activities Due to the...

Seyfarth Shaw LLP on

On October 27, 2016, the Fort Worth Court of Appeals affirmed a lower court’s order denying an application for temporary injunction seeking to enjoin Thomas Musgrave, the former president of Henry F. Coffeen III Management,...more

Foley & Lardner LLP

The Case of the Vanishing § 1292(b) Certification

Foley & Lardner LLP on

Nothing about the Seventh Circuit’s recent per curiam decision in Kenosha Unified School District No. 1 Board of Education v. Whitaker, No. 16-8019 (7th Cir. Nov. 14, 2016), could be considered much of a mystery, but file the...more

BCLP

Preliminary Injunctions in Bankruptcy Courts: Can a Litigant Get a Second Opinion?

BCLP on

District courts can hear an appeal from any interlocutory order, as long as they agree to accept the appeal. 28 U.S.C. § 158(a)(3). Final judgments, orders and decrees are always immediately appealable. 28 U.S.C. §...more

Morrison & Foerster LLP

Five Key Lessons for Business Litigators from National Abortion Federation v. Center for Medical Progress

On February 5, 2016, Morrison & Foerster secured a preliminary injunction on behalf of its client, National Abortion Federation (“NAF”), in National Abortion Federation v. Center for Medical Progress. The firm’s work on this...more

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