Restraining Orders

News & Analysis as of

Food Fight: America’s Test Kitchen v. Chris Kimball

If, like me, you’re a fan of PBS and its soothing, soft-focus, food-related shows (ahem, Great British Bake-off), you were probably devastated when you heard that longtime host Chris Kimball, was leaving America’s Test...more

Growing Small Satellite Market Spawning Litigation

Virgin Galactic expanded and continued its attack on its former VP of Propulsion, Thomas Markusic, and his new company, Firefly Space Systems, this month. Markusic co-founded Firefly around the time he left Virgin Galactic,...more

Amazon and DHL Air Transport Supplier, ABX Air, Seeks TRO against Potential Pilot Strikes

A subsidiary of Air Transport Services Group, Inc., ABX Air, is seeking a temporary restraining order to halt pilot strikes on November 1 and 2, citing the potential for “crucial flight failures within days.” ABX Air filed...more

District Court Grants Plaintiff's Motion for Preliminary Injunction to Preclude Defendant from Discussing Case with Plaintiff's...

In this patent infringement action, the Defendant, GHP Group, Inc. ("GHP"), hired the Plaintiff's, ProCom Heating, Inc. ("ProCom"), president during the litigation. The Plaintiff then filed a request for a temporary...more

FTC Targets Tech Support Companies for Deceptive Pop-Up Marketing

On October 12, 2016, the Federal Trade Commission (“FTC”) announced that a temporary restraining order had been issued by a court of law against five related tech support companies and their respective principals (the...more

PUT YOUR DOCS WHERE I CAN SEE THEM: Seattle Police Enjoined From Disclosing Software Secrets in Public Records Act Dispute

What happens when trade secret protections collide with laws granting public access to government records? This question took center stage in a recent case involving the Seattle Police Department (“SPD”). A federal district...more

Illinois Federal Court Grants Motion To Confirm Arbitration Award For Pre-Hearing Security

We previously reported on this case in our blog dated December 21, 2015. The background of the dispute is as follows. A dispute arose between an insurer and its insured under four written program agreements, each containing...more

Court Denies Preliminary Injunction and Terminates Temporary Restraining Order, Allowing Imposition of Level 3 School Impact Fees

On May 26, 2016, the California Building Industry Association successful obtained a temporary restraining order from the Sacramento Superior Court preventing the State Allocation Board—and all others acting in concert with...more

Industrial Espionage and the Defend Trade Secrets Act

American corporations are facing an ever increasing threat of misappropriation of their valuable trade secrets through industrial espionage, defined as the theft of a company’s trade secrets by an actor intending to convert...more

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

District Court Judge Issues TRO and Preliminary Injunction Under the Defend Trade Secrets Act

In some of the first decisions under the newly enacted Defend Trade Secrets Act, on June 10 and 22, 2016, United States District Judge Jon S. Tigar granted a temporary restraining order and preliminary injunction in Henry...more

Modtruss Stumbles on “Same” Problem with Battlefrog Obstacles - Motion for Preliminary Injunctive Relief Denied

This post follows up on this post on Judge Ross’s Order of June 6, 2016, in which she allowed Modtruss, Inc. (“Modtruss”), to clarify its intent with regard to a prior motion for a temporary restraining order and preliminary...more

Can North Carolina Employers Terminate Employees Based on Threat of Domestic Violence Spillover?

How should Human Resources respond to the following scenario?: An employee reports that she recently separated from her husband and obtained a domestic violence restraining order. Several co-workers approach HR to report that...more

New York Enforcement Update

New York has long been a critical enforcement venue for parties holding unsatisfied arbitral awards and/or judgments. New York is the financial capital of the United States, and that reality, coupled with the state’s expert...more

Lessons Learned – The State of Affairs in US Merger Review

In Depth - In the last year, the US antitrust regulators successfully challenged multiple transactions in court and forced companies to abandon several other transactions as a result of threatened enforcement actions....more

A Sweet Win for Hershey Medical Center's Proposed Merger: District Court Denies FTC's Attempt to Block Pennsylvania Hospital...

The district court’s decision may mark a turning point away from purely formulaic reliance on the FTC’s preferred approach and the testimony of self-interested payers....more

Despite Evidence That Ex-Employee Violated Customer Non-Solicitation Covenant, Injunction Denied Because No “Irreparable” Harm

Touzot was an employee of ROM, a seller of products used in making balsa wood model planes and boats. His employment agreement included a post-termination customer non-solicitation covenant. After he left ROM, he became a...more

New Pennsylvania Bill Makes Spousal Abuse Victims’ Divorce Process Easier

Recently, Governor Wolf signed a bill into law giving spousal abuse victims in Pennsylvania additional rights when pursuing a divorce. This law will become effective in the middle of June 2016. It has been said that, “this...more

Help, Domestic Violence Restraints were Filed Against Me—and I didn’t do it!

The New Jersey Prevention of Domestic Violence Act serves an enormously important function to protect abused individuals. However, the protections of the Act can be misused in a divorce or custody litigation to evict someone...more

Post Breakup Text Messages May Lead to Restraining Order

A breakup can be an emotionally trying experience, sometimes driving people to act in ways they ordinarily would not. Reaching out to an ex may seem harmless - all you want to do is talk? But sometimes those seemingly...more

When Violence begets Violence: The Provocation Defense to a Domestic Violence Restraining Order

All too often in domestic violence cases, the victim and the alleged perpetrator both commit some form of violent act against one another. In a recent unpublished decision, R.C. v. R.W., Judge Lawrence Jones of the Ocean...more

Protecting Company Relationships and Information Upon an Employee Departure

Learn how your company can prepare to act quickly and strategically to protect important relationships, information and trade secrets at the time that a key employee leaves. This webinar will review the latest developments in...more

“What’s mine is mine, and what’s yours is mine.”

In the recent Appellate Division reported decision of N.T.B. v. D.D.B., the Court was required to grapple with whether the destruction of a door within a married couple’s joint home constituted “criminal mischief” for...more

Implied Threat on Facebook Insufficient to Support Stalking Conviction

Last month, the Massachusetts Supreme Judicial Court (SJC) held that a Facebook profile may constitute a “threat” within the meaning of the Massachusetts stalking statute. However, a profile that is merely “vaguely ominous or...more

Tear Down This Wall! Botched Demolition and Apartment Conditions Lead to RLUIPA Dispute

On September 24, Rock Church of Easton (Rock Church) filed an “Emergency Motion for a Temporary Restraining Order and /or Preliminary Injunction” against the City of Easton, Pennsylvania (the City or Easton) and its Bureau of...more

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