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Supreme Court of the United States › Injunctive Relief

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Fisher Phillips

SCOTUS Will Soon Decide If Federal Judges Can Issue Nationwide Injunctions: What's at Stake for Employers?

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The US Supreme Court is poised to decide a landmark case that could significantly limit the ability of federal judges to issue nationwide injunctions – a move that could have a profound impact on the workplace. Injunctions...more

Holland & Knight LLP

Supreme Court Blocks Use of Administrative Procedure Act to Halt Education Grant Terminations

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Federal grantees facing the termination of their grants by the new administration have challenged those terminations by filing suits under the Administrative Procedure Act (APA) in federal district courts. In about a half a...more

Akerman LLP

Purdue Pharma Foretells a Troubled Future for Bar Orders

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In Harrington v. Purdue Pharma L.P., the Supreme Court held that the Bankruptcy Code does not authorize a bankruptcy court to grant a release and injunction that extinguishes direct claims against nondebtor third parties...more

Fisher Phillips

SCOTUS Makes It Harder for Plaintiffs to Recover Attorney’s Fees: How a Driver’s License Case Could Impact Employers

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A recent Supreme Court ruling could impact your business by limiting when you must pay fees in employment litigation or when you may recover fees after challenging state regulations in court. In the Lackey v. Stinnie decision...more

King & Spalding

CTA Compliance Stay Continues Despite Supreme Court Lifting Nationwide Injunction; FinCEN Recognizes Separate District Court Stay...

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On January 23, 2025, the U.S. Supreme Court granted the government’s motion to lift the nationwide injunction against enforcement of the Corporate Transparency Act (CTA) in Texas Top Cop Shop v. McHenry (formerly, Texas Top...more

Proskauer - Labor Relations Update

Federal District Court in D.C. Strikes Down Removal Protections for ALJs

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The continued legal challenges to the constitutionality of certain aspects of the National Labor Relations Board (“NLRB”) and National Labor Relations Act (“NLRA”) took a potentially significant turn in a decision issued by...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Actions/Clean Water Act: Arkansas and 24 Other State Attorney Generals File Amicus Brief in Support of Writ of...

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The Arkansas and 24 other State Attorney Generals (collectively, “Amici Curiae”) filed on October 28th an Amicus Brief supporting a Petition for a Writ of Certiorari to the United States Supreme Court to address a Clean Water...more

Sunstein LLP

A Large Theft of Trade Secrets Sets a Record: The “Largest Damages Award on the books under the DTSA”

Sunstein LLP on

Sometimes it is all about the money. In Motorola v. Hytera, the Seventh Circuit Court of Appeals addressed “a large and blatant theft of trade secrets” from Motorola by its competitor Hytera. The damages awarded to Motorola,...more

ArentFox Schiff

NLRB General Counsel Signals Intent to Continue Aggressive Use of Injunctions, Despite Supreme Court Setback

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Earlier this year, the US Supreme Court, in an 8-1 decision in Starbucks Corp. v. McKinney, adopted a more restrictive test for evaluating requests for injunctive relief under Section 10(j) of the National Labor Relations Act...more

Morgan, Brown & Joy, LLP

The U.S. Supreme Court Clarifies the Legal Standard for the NLRB Seeking Preliminary Injunctions Against Employers

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On June 13, 2024, the U.S. Supreme Court issued Starbucks v. McKinney,1 which clarifies the legal standard governing temporary injunctions sought by the National Labor Relations Board (NLRB or Board) against employers alleged...more

Venable LLP

SCOTUS Confirms NLRB Not Entitled to Deferential Standard for Preliminary Injunctions

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In Starbucks Corp. v. McKinney, 602 U.S. ____ (2024) (hereafter, "Starbucks"), the U.S. Supreme Court (SCOTUS) recently resolved a circuit split to clarify that if the National Labor Relations Board (the Board) seeks a...more

Gould + Ratner LLP

Should the Standard for Obtaining Preliminary Injunctions Under the NLRA Be Easier? The U.S. Supreme Court Weighs In...

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In a 9-0 decision, the U.S. Supreme Court recently sided with Starbucks Corp. over the National Labor Relations Board (NLRB) in a decision that would severely delay the process for the NLRB to obtain preliminary injunctions...more

Kohrman Jackson & Krantz LLP

Supreme Court Sides with Starbucks in Long-Awaited Union Battle: Implications for Employers and Employees

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In an eight-to-one decision this month, the Supreme Court ruled in favor of Starbucks in Starbucks Corp. v. McKinney, involving a longstanding legal battle against the National Labor Relations Board (NLRB). The NLRB was...more

Genova Burns LLC

SCOTUS Requires NLRB to Meet Traditional Standards for Preliminary Injunctive Relief

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On June 13 the U.S. Supreme Court heightened the standard a court must apply to an NLRB request for a preliminary injunction against an employer accused of violating federal labor law....more

BakerHostetler

A ‘Grande’ Decision for Employers: The Supreme Court Raises the Bar on Section 10(j) Injunctions

BakerHostetler on

Four months ago, we told you about a brewing labor law issue – whether the National Labor Relations Board (NLRB or Board) must satisfy the traditional preliminary injunction standard to secure an injunction against an...more

McNees Wallace & Nurick LLC

Supreme Court Imposes Tighter Standard for NLRB to Obtain Injunctive Relief

McNees Wallace & Nurick LLC on

The Supreme Court of the United States recently unanimously ruled against the National Labor Relations Board (“NLRB”) in Starbucks Corp. v. McKinney. The decision reversed the NLRB’s attempt to change the standard for...more

ArentFox Schiff

In Win for Employers, Supreme Court Adopts Stricter Test for NLRB Injunctions

ArentFox Schiff on

The US Supreme Court, in an 8-1 decision in Starbucks Corp. v. McKinney, ruled that federal district courts must apply a traditional four-factor test when evaluating requests for injunctive relief brought by the National...more

Parker Poe Adams & Bernstein LLP

US Supreme Court Applies Strict Test for NLRB Injunctions

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In unusual circumstances arising during unionization campaigns, the National Labor Relations Board can seek a so-called Section 10(j) injunction to immediately order the employer or union to cease illegal acts associated with...more

Hinshaw & Culbertson - Employment Law...

U.S. Supreme Court Rejects Relaxed Standard for Injunctive Relief Under Section 10(j) of the National Labor Relations Act

Hinshaw & Culbertson - Employment Law... on

On June 13, 2024, the U.S. Supreme Court, in Starbucks Corp. v. McKinney (National Labor Relations Board), No. 23-367, rejected the arguments of the National Labor Relations Board (the “Board”) to relax the standard that a...more

Cozen O'Connor

NLRB 10(j) Injunctions Must Meet the Traditional Injunction Test

Cozen O'Connor on

In an 8-1 decision involving Starbucks, the Supreme Court last week held that district courts must apply the traditional four-factor test for preliminary injunctions to injunctions sought by the National Labor Relations Board...more

Seyfarth Shaw LLP

SCOTUS Confirms the Proper Standard for Injunctive Relief Under the NLRA

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In an opinion drafted by Justice Thomas and joined by seven other Justices, on June 13, 2024, the U.S. Supreme Court vacated the Sixth Circuit Court of Appeals’ affirmation of an injunction issued under Section 10(j) of the...more

Clark Hill PLC

Supreme Court Issues Employer-Friendly Decision Regarding the Standard to Apply to Requests for Section 10(j) Injunctive Relief...

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On June 13, the United States Supreme Court issued its long-awaited ruling in Starbucks Corp. v. McKinney. In Starbucks, the Supreme Court clarified that the traditional four-factor test courts apply to requests for...more

Cranfill Sumner LLP

NLRB No Longer Enjoys Preferential Preliminary Injunction Treatment

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On June 13, 2024, the United States Supreme Court held in Starbucks Corp. v. McKinney, No. 23-367, that the National Labor Relations Board (NLRB) must satisfy the Winter test to secure a preliminary injunction. The Winter...more

Jackson Lewis P.C.

U.S. Supreme Court Raises Standard for Labor Board When Seeking 10(j) Injunctions

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The U.S. Supreme Court issued a decision directing district courts to use the traditional four-part test when evaluating whether a preliminary injunction should issue at the request of the National Labor Relations Board...more

Snell & Wilmer

Ground Rules: Supreme Court Affirms the Standard for NLRB Injunctive Relief

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In the latest labor law brew-haha, the U.S. Supreme Court reconciled a circuit split by requiring the National Labor Relations Board (NLRB) to marshal substantial proof to win temporary injunctions against employers for...more

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