Bar Exam Toolbox Podcast Episode 86: Tackling a California Bar Exam Essay: Remedies
Taking it Seriously: Unusual Lease Violations in Virginia
A federal court in Wisconsin recently denied a haircare product dealer’s motion for summary judgment on its Wisconsin Fair Dealership Law (WFDL) and breach of contract claims against the dealer’s national distributor. Brava...more
In a rare Federal Circuit decision under the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836 et seq., the court reversed the grant of a preliminary injunction by the U.S. District Court for the District of Massachusetts. ...more
As we have previously discussed, a new law from New York State will require companies selling dietary supplements for weight loss or muscle building to pay close attention to consumers' age. This law is to go into effect on...more
On February 23, U.S. District Judge Clifton L. Corker of the Eastern District of Tennessee, issued an opinion and order granting the Tennessee and Virginia attorneys generals’ (AG) request for a preliminary injunction...more
On January 31, Tennessee Attorney General (AG) Jonathan Skrmetti, joined by Virginia AG Jason Miyares, filed suit against the NCAA in the U.S. District Court for the Eastern District of Tennessee for alleged violations of the...more
Injunctions are an indispensable weapon in the business divorce lawyer’s arsenal. Primarily defensive in nature, temporary restraining orders and preliminary injunctions tend to feature prominently at the outset of business...more
Following up on our post on obtaining temporary restraining orders and preliminary injunctions in the EDVA, a recent decision by an EDVA judge clarifies that a motion to extend a temporary restraining order (TRO) filed after...more
The U.S. Court of Appeals for the Ninth Circuit, in a 2-1 decision, recently affirmed the district court’s decision denying the plaintiffs’ motion for a temporary restraining order and preliminary injunction to block...more
Fed. R. Civ. P. 65 allows a district court to issue a temporary restraining order (TRO) and/or a preliminary injunction to maintain the status quo and avoid irreparable harm while a suit is pending. The process is intended to...more
Do you fear the possibility of a temporary restraining order or a preliminary injunction involving patent infringement allegations in Europe? Those provisional measures are more common in Europe than in the United States....more
In Shenzhen Chengront Technology Co., Ltd v. Besign Direct et al, 1-22-cv-10281 (SDNY Dec. 9, 2022) (Jennifer L. Rochon), Judge Rochon of the Southern District of New York denied a Plaintiff’s request for a temporary...more
A federal court denied a franchisee’s motion for a temporary restraining order and preliminary injunction in a dispute over renewal of a franchise agreement to provide home care services with HCAF....more
After obtaining a temporary restraining order, Freedom Franchise Systems (“Freedom”), the franchisor of a boat-club business, was denied a preliminary injunction to stop a former franchisee prospect from using claimed trade...more
In a fifty-seven-page memorandum opinion and order, the United States District Court for the Southern District of New York granted a fashion brand its motion for a preliminary injunction preventing its lead designer from...more
Interlocutory appeals, including those relating to injunctive relief, often present traps for the unwary. In state court in Maine, parties typically cannot appeal an order granting or denying a motion for preliminary...more
Business divorce clients often arrive in the throes of a crisis, complaining of co-owners siphoning, diverting, depleting, or denying access to company assets and resources for their own personal use or for the benefit of a...more
On September 21, 2020, the Supreme Court, Nassau County in Town of Oyster Bay v. 120 Westend LLC, Supreme Court, Suffolk County, Index No. 608065/2020 granted a preliminary injunction to the Town of Oyster Bay (“Town”)...more
The COVID-19 pandemic has underscored the important role that gig workers play in our economy. At the same time, it also has highlighted the working conditions of gig workers, spurring several states to take action on their...more
A lot goes into the making of great wine, and when a winery becomes financially unstable, there are multiple competing interests that need to be satisfied, including the banks that provide the winery with financing, the...more
A temporary restraining order (TRO) was granted against a McDonald’s franchise by a California Superior Court judge in response to the franchise’s alleged inability to take proper precautions to keep the community safe from...more
Although newly released data from the Office of Medicare Hearings and Appeals (OMHA) suggests that the Medicare claim appeals backlog might be decreasing, OMHA's case processing time and recent litigation challenging the...more
In a procedurally unusual decision (but one unsurprising in all other respects), the Federal Circuit on Monday affirmed a district court's denial of a temporary restraining order to keep off the market Amgen's biosimilar...more
The Paycheck Protection Program (PPP) is one of several lifelines extended by Congress to small businesses struggling to survive the COVID-19 public health crisis. The PPP was established by the Coronavirus Aid, Relief and...more
In a potentially ground-breaking decision, Judge David R. Jones of the United States Bankruptcy Court for the Southern District of Texas temporarily enjoined the Small Business Administration (SBA) from denying a Paycheck...more
Welcome back to the Bar Exam Toolbox podcast! Today, we are walking through the July 2017 California bar exam question on Remedies. This is part of our series of podcasts talking about how to approach questions on the...more