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Preliminary Injunctions Mootness

Holland & Hart - Employers' Lawyers

A Tale Of Two Rulings: This Week’s Conflicting Decisions On The Pregnant Worker’s Fairness Act

Tuesday, June 18, 2024, marks the effective date of the Pregnant Worker’s Fairness Act (“PWFA”) Final Rule, which is now effective in 48 states. The path to implementing the PWFA has been fraught with lawsuits, culminating in...more

Bowditch & Dewey

The First Circuit Dismisses Former UMass Students’ Appeal Challenging Vaccine Policies as Moot

Bowditch & Dewey on

On Thursday, August 4, 2022, the First Circuit Court of Appeals dismissed as moot an appeal that was brought by two former University of Massachusetts students claiming that the schools’ vaccine policies were unconstitutional...more

McDermott Will & Emery

A Shoe-In? Fleet Feet Gives Injunction Appeal the Moot Boot

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit dismissed a preliminary injunction as moot where the enjoined party had discontinued the use complained of and had no future plan to restart it. Fleet Feet, Inc. v. Nike, Inc.,...more

Seyfarth Shaw LLP

10th Circuit Affirms that Employer Failed to Show How Past Harm Signified Future Irreparable Harm in Support of Preliminary...

Seyfarth Shaw LLP on

On December 28, 2018, a three-judge panel of the Tenth Circuit Court of Appeals affirmed the holding by the U.S. District Court for the District of Colorado denying the plaintiff’s, DTC Energy Group, Inc. (“DTC Energy”),...more

Bass, Berry & Sims PLC

Chris Lazarini Comments on Court’s Preliminary Injunction Against DOL's Enforcement of its "Anti-arbitration" Rule

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on Thrivent's case seeking to enjoin the U.S. Department of Labor (DOL) from prohibiting the nonprofit's mandatory use of individual dispute resolution processes. Once the...more

Bass, Berry & Sims PLC

Federal Judge Issues Final Ruling Striking Down Overtime Rule

Texas Federal Judge Amos Mazzant has issued a final ruling striking down the overtime rule. In the August 31 ruling, Judge Mazzant used essentially the same reasoning on which he based his temporary injunction ruling. In...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Mylan v. Aurobindo the Circuit affirms the grant of a preliminary injunction based upon the infringement of one of the three patents in suit. However, the panel reverses the injunction as to the other two patents based on...more

Farrell Fritz, P.C.

Failure To Seek Preliminary Injunctive Relief Supports Motion To Dismiss And Renders Appeal Academic

Farrell Fritz, P.C. on

On December 21, 2016, the Appellate Division, Second Department, rendered yet another decision whereby an appeal was dismissed “as academic” on the grounds that during the pendency of the appeal, the land use development...more

King & Spalding

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

King & Spalding on

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

Patterson Belknap Webb & Tyler LLP

Both Parties Seek En Banc Intervention in Amgen v. Sandoz

Last month, a divided panel of the Federal Circuit issued a split decision in Amgen v. Sandoz (summary; opinion). Amgen (in which Patterson Belknap represented one of the amici supporting Amgen) is the court’s first decision...more

Knobbe Martens

Alert: Fractured Federal Circuit Provides Guidance on Biosimilars Patent Dance

Knobbe Martens on

Both Sides Come Away with Wins in Amgen v. Sandoz - Yesterday, in Amgen, Inc. v. Sandoz, Inc., the Federal Circuit construed multiple provisions of the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”). ...more

Manatt, Phelps & Phillips, LLP

Lessons From 2012 About California Appellate Procedure

Appellate courts invariably face lawyers who fail to follow the rules that govern appeals. Learned Hand famously threw a 150-page brief over the bench and onto counsel's table after exclaiming that he would not read it...more

BakerHostetler

Delaware Supreme Court Allows Opt-Out Right in Securities Case Certified on Equitable Grounds

BakerHostetler on

In In Re Celera Corporation Shareholder Litigation, No. 212, 2012 (Del. Dec. 27, 2012), the Delaware Supreme Court reversed the lower Court of Chancery and ruled that a large holder of Celera Corporation (“Celera”) shares...more

Wilson Sonsini Goodrich & Rosati

Delaware Supreme Court Addresses Settlement of Class Action Deal Litigation

In the final days of 2012, the Delaware Supreme Court resolved an appeal arising out of class action litigation concerning the sale of Celera Corporation to Quest Diagnostics, Inc. The litigation was settled by agreement of...more

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