Huntsman Continues Legal Victories Oct 14, 2008
In a subsequent hearing begun last Wednesday and completed earlier today, in which counsel for the Banks contested Huntsman's right to injunctive relief against the Banks, Judge Edwards again determined that it was appropriate for him to enjoin the Banks, specifically from filing any lawsuit seeking to declare that the combined Hexion/Huntsman entity would be insolvent, or that the combined entity would not be able to pay its debts when due. Accordingly, Judge Edwards granted Huntsman's request... (PR Newswire)
Arbitron Inc. Seeks Declaratory Judgment and Injunctive Relief against the New Jersey Attorney General Oct 11, 2008
NEW YORK--(BUSINESS WIRE)--Arbitron Inc. (NYSE: - ) announced today that it has asked the United States District Court for the District of New Jersey for a declaratory judgment and injunctive relief against the New Jersey Attorney General to prevent any attempt to restrain Arbitrons publication of its Portable People MeterTM listening estimates ... As previously announced, on October 6, 2008, Arbitron commenced a civil action in the United States District Court for the Southern District of... (Yahoo! Wire -- Entertainment News)
Vote better food, softer mattresses Oct 7, 2008
Without injunctive relief, Citigroup will forever lose this unique opportunity to acquire those assets. By DD. (Atlanta Journal-Constitution -- Opinion)
Astro seeks RM905mil from PTDV Oct 7, 2008
Astro is seeking certain declaratory and injunctive relief and also monetary compensation of about RM905mil in relation to the parties failure to conclude the joint venture, it said. ASTRO. (The Star Online, Malaysia -- Business)
Appeals court denies rig worker's civil claim against Wyo workers comp Oct 6, 2008
An ex-oilfield worker and his wife have lost an appeal seeking unspecified monetary damages and injunctive relief to bar Wyoming's Workers' Safety and Compensation Division from considering a spouse's income in determining eligibility for extended benefits. Doing so is against state law, which the division was forced to recognize in previous court battles. (Casper Star-Tribune)
Citigroup, Wells May Carve Up Wachovia in Compromise, WSJ Says Oct 6, 2008
Wachovia spokeswoman said the bank was ``pleased'' that the judge granted its request for a quick resolution, while Citigroup's said the company was ``very pleased that Wachovia's motions for emergency injunctive relief and a temporary restraining order were denied. . (Bloomberg)
Astro seeks RM905m compensation Oct 6, 2008
Astro told Bursa on Monday that it was seeking certain declaratory and injunctive relief and also seeks monetary compensation of about RM905mil in relation to the parties failure to conclude the joint venture. In March 2005, Astro had proposed to participate in a joint venture to operate a pay-television business through PT Direct Vision, a unit of Lippo and its affiliates. (The Star Online, Malaysia -- Business)
Judge Tells Wachovia to Negotiate Only With Citi Oct 5, 2008
Citigroup said a New York state judge granted emergency injunctive relief to extend its exclusivity agreement with Wachovia. The exclusivity agreement bars Wachovia from negotiating with other parties. (ABC News -- Wire)
Under Judge's Order Wachovia Can't Negotiate With Others: Citi Oct 5, 2008
(Reuters) - Citigroup Inc says it has been granted emergency injunctive relief extending exclusivity agreement ... Says injunctive relief was granted over Wachovia corp's objection by. (ABC News -- Wire)
Lawsuit: Aaron Rents manager sexually assaulted employee Oct 5, 2008
The lawsuit seeks backpay and compensatory and punitive damages, as well as other injunctive relief. This is a shocking case of egregious sexual harassment of a young female employee, said EEOC St. Louis District Director James Neely Jr., in a statement. (St. Louis Business Journal, MO)
Ruling Called 'Paradigm Shift' in Non-Compete Cases Oct 3, 2008
Greco said some securities companies have been reluctant to use liquidated damages clauses, believing that they had to choose between including a clause calling for injunctive relief or a clause calling for liquidated damages ... Good also insisted that Karpiak never took any confidential information when he left Schwab, and that Schwab's claims of irreparable harm were weakened by its delay in seeking injunctive relief ... As a result, Angell said, Schwab "has demonstrated that it will suffer... (Law.com)
Civil rights case filed against grocery store (2640) Oct 3, 2008
The EEOC is seeking back-pay, compensatory and punitive damages and other injunctive relief against the business. Employers must take immediate action to stop racial harassment in the workplace, said the EEOC St. Louis District Director James R. Neely Jr. The use of racial slurs and racially offensive graffiti poisons the working environment of all employees, whether black or white. (Park Hills Daily Journal, MO)
Rams fired trainer because he had epilepsy, lawsuit alleges Oct 3, 2008
The lawsuit seeks reinstatement with full benefits and back pay for DuBuque, compensatory and punitive damages, and injunctive relief prohibiting disability discrimination. Reader Comments. (St. Louis Business Journal, MO)
Copyright and Trademark Notice Oct 3, 2008
You agree that any breach of the Agreement may be enforced by IBD by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies. LEGAL DISCLAIMER. (Investors Business Daily)
Lawsuit claims fund gave heads up to some investors Sep 23, 2008
"Although financial markets should be left as free as possible from judicial intervention, temporary injunctive relief is warranted here," he said. "Such serious allegations, if proven, give plaintiffs a very strong position for winning later on the merits.". (International Herald Tribune -- Business)
OC Attorney Accused Of Flimflam Investment Scheme Sep 16, 2008
The SEC complaint charges the trio with violating the registration and antifraud provisions of the federal securities laws and seeks permanent injunctive relief, disgorgement and financial penalties. Explore More: Find out more about , , and , or try these articles. (NBC4.tv, CA)
D.C. law firm sues Applebees, Weight Watchers Sep 15, 2008
It seeks classwide damages and injunctive relief. DineEquity franchises and operates more than 3,300 Applebee s and restaurants. (Washington Business Journal, DC)
Fannie Mae Faces Investor Lawsuit Sep 9, 2008
The lawsuit was filed in U.S. District Court in Southern District of New York by Coughlin Stoia law firm and seeks damages, attorneys' fees, equitable or injunctive relief. Copyright 2008 Reuters News Service. (ABC News -- Wire)
Tembec Industries, Canadian Forest Products Company, Files for Bankruptcy Sep 5, 2008
Absent permanent injunctive relief, the Canadian proceeding and the debtor's efforts in consummating the plan may be thwarted by actions of certain creditors,'' Tembec said in the filing, which asked that ``noteholders'' be banned from ``taking any actions that may frustrate the recapitalization effectuated through the plan. . (Bloomberg -- Canada)
The last gentleman (8/10) Aug 29, 2008
Thirty-eight years ago, on May 11, 1970, my late dear friend, Walker Percy, testified before the U.S. District Court for the Eastern District of Louisiana in the case of Thomas J. Smith et al v. St. Tammany Parish School Board, et al. In those proceedings, the plaintiffs sought injunctive relief requiring removal from Covington High School all Confederate battle flags and any other symbols or indicia of racism. At the time his testimony was given, Percy had lived in Covington, La. (Columbus Commercial Dispatch, MS)
Settlement Over Target's Web Site Marks a Win for ADA Plaintiffs Aug 28, 2008
The national class isn't entitled to damages because the ADA only provides for injunctive relief. Target will also pay the Federation tens of thousands of dollars each year for three years for monitoring their Web site and $15,000 for each session at which they help train Target's employees. (Law.com)
Death Row May Be Off Life Support Aug 27, 2008
In a complaint for declaratory and injunctive relief, the Death Row and Knight estates asked the court to declare that since they haven't been paid in a timely fashion they are free to shop the catalog, which contains works by seminal gangster rapper Tupac Shakur, Dr. Dre and Snoop Dogg, to other interested parties. Meanwhile, MediaTechnics' purchase of Global Media remains contingent upon its ability to close the deal for Death Row. (New York Post -- Business)
Key Defendants in Court Corruption Case Seek Dismissals Aug 23, 2008
Sutton's defense lawyers then argue that the assessment of fines and fees by the judiciary is "expressly authorized by case law," and point out that there are many procedural avenues for challenging a judge's orders, ranging from direct appeals to petitions for injunctive relief. "Prosecuting the judges for the issuance of erroneous orders is unheard of," the motion says. (Law.com)
Enforcement of Association Restrictions is Subject to Time Limits Aug 22, 2008
Finally, in April of 2005, the HOA filed suit seeking injunctive relief. The Pruns did not contest the fact that the gate violated the rules with respect to height and setback. (RealtyTimes)
Federal Court Denies Injunction and Upholds Strict Voter Registration Fines in Florida Aug 20, 2008
In response, LWVF, along with People Acting for Community Together; Florida AFL-CIO; American Federation of State, County and Municipal Employees, Council 79; SEIU Florida Healthcare Union; Marilyn Wills; and John and Jane Does 1-100, filed for injunctive relief. On Aug. 28, 2006, a Florida federal court blocked implementation of the law and ruled that the law was unconstitutional. (OMB Watch)
Cashing in: Google sued for patent infringement Aug 19, 2008
According to a press release GraphOn suit seeks permanent injunctive relief along with unspecified damages. Google is expected to defend itself against GraphOn in court; a favorable outcome for GraphOn could not only be very expensive for Google, but also enable GraphOn to expand its suit to possibly thousands of websites. (TG Daily)
GraphOn claims Google infringed patents Aug 19, 2008
The suit seeks permanent injunctive relief along with unspecified damages. This lawsuit follows the filing of a lawsuit against Inc. in November 2005 claiming infringement of two patents, the filing of a lawsuit against in August 2007 claiming infringement of patents which protect GraphOn s fundamental network security and firewall technologies, and the March 2008 filing of a lawsuit against Classified Ventures LLC, IAC/InterActiveCorp, Match. (San Jose Business Journal, CA)
Cook sues city over park conversion Aug 16, 2008
Thu, August 14, 6:46 PM Preston Cook, the embattled owner of Rancho de Sonoma mobile-home park, has sued the City of Sonoma for unspecified damages and injunctive relief. "I have my limits, and I have reached my limits, with the city and with the residents," Cook said Thursday during a clubhouse interview at the park. (Sonoma Index-Tribune, CA)
Surge Global Reports Profit; Files Cross Complaint Aug 15, 2008
Additionally, on August 1, 2008, Surge Global filed a counterclaim in San Diego Superior Court against its former CEO, David Perez, and a former board member, Daniel Schreiber, alleging Breach of Fiduciary Duty, Breach of Contract, Fraud, Conspiracy and a Claim for Injunctive Relief. The Surge Global Energy, Inc. logo is available at. (Primezone Releases)
Watson Announces District Court Ruling in Naproxen Sodium Patent Suit Aug 14, 2008
The District Court has set a further hearing on the matter for September 19, 2008, to address issues related to a damages phase of the trial and the possibility of injunctive relief. The Company intends to appeal today's ruling. (PR Newswire)
Judge: Even 'Free' Open-Source Code is Licensed Aug 14, 2008
The case dates back to 2006 when Robert Jacobsen sued Matthew Katzer and Kamind Associates for copyright infringement and injunctive relief. Jacobsen manages an open source software group called Java Model Railroad Interface (JMRI). (Yahoo News -- Technology)
Local lawyer criticizes funds suit ruling Aug 9, 2008
While on the case, Echohawk said he succeeded in getting injunctive relief orders from the court to force the government to preserve American Indian records he alleges were being destroyed to protect the government's case. "We found out that there was a systematic, intentional destruction of records going on," Echohawk said. (Pocatello Idaho State Journal, ID)
Bull & Lifshitz, LLP Announces Class Action Against Perini Corp. -- PCR Aug 9, 2008
Plaintiff intends to seek injunctive relief, inter alia, enjoining the shareholder vote scheduled for September 5, 2008 until additional information is provided in the proxy materials concerning the Merger. If you would like further information concerning your legal rights or for an information package (), please contact Joshua M. Lifshitz, Esq. (Primezone Releases)
Roundabout Foes Drop Injunction Aug 6, 2008
While opponents are withdrawing this complaint for now, they could either re-file, asking for injunctive relief, or take other actions such as moving for a stay pending their appeal, according to Hornik. He said the N.C. Court of Appeals could rule in a few months on the group's appeal. (The Pilot Newspaper)
Louis Vuitton Reaches Global Settlement With Sony BMG Regarding Infringement Cases Aug 1, 2008
Specifically, over the past 5 years, Louis Vuitton had filed lawsuits in the District Court of Paris seeking injunctive relief and damages for trademark counterfeiting and infringement, unfair competition, injury to business reputation and false and deceptive business practices arising out of the sale and offer for sale of DVDs, video clips and CDs bearing Louis Vuitton intellectual property by the artist Da Brat and a clip video on CDs by Britney Spears and had received favorable judgments in... (Yahoo! Wire -- Entertainment News)
Descendants of Former Slaves Owned by Cherokees May Proceed With Suit Jul 31, 2008
"Faced with allegations of ongoing constitutional and treaty violations, and a prospective request for injunctive relief, officers of the Cherokee Nation cannot seek shelter in the tribe's sovereign immunity," wrote Judge Thomas Griffith. John Velie, partner in in Norman, Okla. (Law.com)
XM and Sirius Jul 25, 2008
It is likely that opponents will file a lawsuit seeking injunctive relief, which would cause a delay and "could potentially change their vote and strike down the merger.". XM shares were down 0. (Forbes -- Markets)
Temporary Restraining Order on CRP Lifted, Compromise Needed Jul 25, 2008
On June 27, the NWF, in association with several of their affiliates, filed a Complaint for Declaratory and Injunctive Relief against USDA. This complaint was followed by the filing of a Temporary Restraining Order, on July 8, against the filing of CRP contract changes. NWF filed their complaint after the Secretary of Agriculture Ed Schafer announced the release of 24 million acres of CRP ground for critical feed use. (Agri-View, WI)
LETTERS: NCT, July 21, 2008 Jul 22, 2008
HotJobs Local Search. Where is the shortage. (North County Times)
Apple Finally Sues Psystar; Asks for Recall Jul 16, 2008
Apple asked for actual and statutory damages, any profits Psystar derived from the sale of both the Open Computer and Openserv server, injunctive relief, and the recall of any Open Computers Psystar previously sold. Any product recall would be an unusual step, as the suit's financial relief would most likely bankrupt the company. (PC Magazine)
Judge Wants Evidence on Name Plaintiffs' Role in $16 Million Morgan Stanley Settlement Jul 13, 2008
"It's too bad it's taking longer, because a lot of class members would prefer to get their money now, and prefer to get the injunctive relief now.". Henderson took a realistic tone in his opinion. (Law.com)
Overstock.com Announces Favorable Court Ruling in Rocker/Gradient Case Jul 13, 2008
The court also restricted Gradient's fourth counterclaim for unfair business practices, disallowing the possibility of money damages on that claim, and limiting it only to possible injunctive relief if Gradient proves the claim at trial. On the dismissed claims against Byrne, the court granted Gradient leave to amend. (PR Newswire)
Rambus sues rival Nvidia Corp. Jul 13, 2008
The suit, filed in U.S. District Court in Northern California, seeks injunctive relief to stop the infringement, as well as monetary damages. Rambus said it has tried to negotiate a license with Nvidia for six years. (San Francisco Business Times, CA)
Rambus says NVIDIA products infringe on 17 Rambus patents Jul 13, 2008
Rambus wants injunctive relief barring further infringement, contributory infringement, and inducement to infringe the patents in question. Rambus also seeks monetary damages for the alleged infringement. (DailyTech)
Harper seeks $1-million more in lawsuit against cash-strapped Liberals Jul 3, 2008
According to the Liberal financial return, Mr. Harper is claiming the additional damages for misappropriation of personality and injunctive relief. The Liberal Party intends to fully defend this claim. (Globe and Mail -- National)
All sides claim victory in JetAway ruling Jul 2, 2008
Jet Center Partners was granted injunctive relief on that claim because it needed only to show JetAway is likely to deceive and cause harm to JCP by diverting customers through its advertising concerning AvFuel products. But its claims under the off airport agreement were denied because that agreement specifically bars third parties. (Montrose Daily Press, CO)
Judge may rule on body of victim Jul 2, 2008
The complaint for injunctive relief doesn't mention the cremation issue, and it was unclear Monday exactly who would be requesting the resolution at the hearing today. Small and Enfinger said they support and expect the issue to be presented at the hearing. (AL.com)
Judge Tentatively Approves Settlement of Eating-Disorder Class Action Jun 26, 2008
Hochberg said she was satisfied the settlement met the criteria for preliminary approval under federal rules of civil procedure governing class action deals for which injunctive relief is the primary benefit to a group that could not achieve the same results in individual litigation. A fight is brewing, however, on whether Hochberg should make the settlement final by ruling it is fair to members of the class. (Law.com)
Federal Racketeering Indictment Targets Members of Violent Drew Street Gang in Northeast Los Angeles Jun 26, 2008
"That's why I can understand residents who routinely said that they thought this day would never come - a day when the 'good guys' would win a significant battle in a gang war that has brought so much tragedy to so many innocent people. With today's arrests of 28 gang members, it's time to once again start referring to Drew Street not as a gang, but as a neighborhood and a community. Today, DEA, with the strong support of our Los Angeles HIDTA partners, has severely impacted this violent gang... (PR Newswire)
Sheriff sues County Commission Jun 26, 2008
In the suit, Davis is asking the court for a Writ of Mandamus to force the commission to fund the sheriff s original budget and grant injunctive relief in an expedited manner to aid with the sheriff s funding problems. The defendants (the commission) owe to the plaintiff. (Clanton Advertiser, AL)
Antitrust Amnesty Deal Blows Up in DOJ's Face Jun 21, 2008
The suit, initially filed under seal, asked for declaratory and injunctive relief to bar the division from prosecuting the company and its executives. The government responded a few days later by revoking Stolt's leniency. (Law.com)
Medicaid contract seen as jeopardizing care Jun 19, 2008
Both complaints are seeking injunctive relief to prevent the state from transferring the contract to the managed-care companies. DHS, which since 1994 has worked to design a new system to better treat patients, claims that both lawsuits are without merit. (Honolulu Star-Bulletin)
Statement By VirnetX Regarding Litigation With Microsoft Corporation Jun 17, 2008
The suit alleges patent infringement by Redmond, WA-based Microsoft Corporation, and seeks damages, injunctive relief and costs. The suit was filed in the United States District Court for the Eastern District of Texas, Tyler Division on February 15, 2007. (PR Newswire)
Asics sues Steven Madden over copy claims Jun 14, 2008
Welcome to The Sydney Morning Herald. Skip directly to: Search Box, , , Text Version. (Sydney Morning Herald -- Business)
Georgia Gulf battles Sandelman where Spectrum surrendered Jun 13, 2008
Management of the company promptly counterattacked with a request in Delaware Chancery Court yesterday (9 June) for injunctive relief and declaratory judgement against the notice via legal counsel Jones Day. Officials at both Georgia Gulf and Jones Day declined to comment. (FT.com -- Markets)
Probe: CVS, Rite Aid Full of Expired Products Jun 13, 2008
Cuomo says he intends to sue both chains for patterns of violating federal, state and local law that do not permit the sale of expired products and plans to seek injunctive relief. Since March, prompted by complaints from consumers, dozens of undercover investigators visited close to 1,000 stores and detected an "egregious pattern at CVS and Rite Aid" of selling expired products, said Corngold at a news conference in New York this morning. (ABC News)
MedQuist Announces Dismissal of South Broward Litigation and Appointment of New Interim President & CEO Jun 12, 2008
5 million plus certain injunctive relief. The consummation of these two settlements will result in the final resolution of all class action litigation matters related to (i) the allegations raised by a company employee in November 2003 that the company had engaged in improper billing practices, (ii) the company's public disclosure of those allegations and (iii) the company's July 2004 public disclosure of certain findings from the independent review (the "Billing Review") of the allegations that... (PR Newswire)
Colorado cell phone company sues Nebraska county Jun 12, 2008
The lawsuit filed Tuesday in U.S. District Court in Omaha by Viaero (Vee-AIR-Oh) Wireless seeks injunctive relief to build the tower, as well as unspecified damages and attorneys fees. Viaero wants to build the tower to provide wireless services in Mead, Yutan and surrounding areas just southwest of Omaha. (Sioux City Journal, IO)
Special counsel responds to Winning Farm questions Jun 11, 2008
Bobrowski noted several options the town has, in order to enforce the deadlines, including fines, injunctive relief, or the power to modify past decisions regarding the development. According to Murray, however, all the deadline concerns have since been rectified. (Winchester Star, MA, MA)
Animal Owners Seek Class Action Status in Suit Over Pet Food Additives Jun 10, 2008
The pet owners seek damages and injunctive relief to prevent pet food companies from advertising their product is akin to human food ... Besides injunctive relief regarding the false and deceptive marketing and sale of pet food, the eight-count lawsuit claims -- among other things -- fraudulent misrepresentation and concealment, violation of Florida's Deceptive and Unfair Trade Practice Act, negligence and unjust enrichment. (Law.com)
High Court Hasn't Closed the Book on Retaliation Jun 4, 2008
Title VII, he said, could be preferable because it offers injunctive relief and provides for punitive damages even when there are no actual damages. "I don't believe it will change anything," he said. (Law.com)
Specter Demands Sanity Check on Obama's Hypocrisy May 28, 2008
Specter also suggested that Floridas Governor Charlie Crist or Attorney General Bill McCollum and Michigans Attorney General Michael Cox or Secretary of State Terri Land Lynn contemplate what would be required to be prepared on June 2 to go into Federal court paren patriae to see emergency injunctive relief under "Section 1983," the legal parlance for the Civil Rights "Anti-Ku Klux Klan" Act of 1871, if the DNC May 31 hearings fail to adhere to the fundamental one-man, one-vote... (Townhall.com)
Suwanee, Catholic school head to high court May 28, 2008
Hutchinson's order said Notre Dame Academy showed that it would suffer "immediate and irreparable harm" if he didn't grant the school's request for injunctive relief and stop the city from enforcing. existing zoning rules and creating new ones. (Atlanta Journal-Constitution)
Commissioners decline $750K conservation grant (127) May 28, 2008
Road Supervisor Chop Porter agreed with the county attorney and said the county would have to take a "wait and see" position before seeking injunctive relief, if the drainage does indeed damage county property. A COUNTY CLEAN UP is set for Saturday, June 7 and Saturday June 14 with the county transfer station being open from 7-3p. (Lafayette Macon County Times, TN)
Landslide Victory for National Home Auction as Federal Judge Denies 12 of REDC's 13 Claims Seeking Injunctive Relief May 25, 2008
LOS ANGELES, May 24 /PRNewswire/ -- "DENIED" was the word of the day as U.S. District Court Judge, S. James Otero DENIED 12 of the 13 claims seeking injunctive relief as issued in an Order dated May 21, 2008. "REDC and its principals have a long and storied history of reckless behavior and filing meritless lawsuits," said Ryan Knott, CEO of National Home Auction (NHA). (PR Newswire)