Hexion 3Q loss hits $76M on Huntsman costs Nov 15, 2008
Hexion in late October filed for a temporary restraining order and preliminary injunction to extend the expiration date of the bank s commitment letter for the deal, but was denied by the. Hexion is seeking to require the banks to fund the deal in a trial set to begin Jan. 8. (Columbus Business First, OH)
Heritage Foundation: Ensuring That Only Citizens Vote Nov 15, 2008
Just prior to the 2006 election, they tried to get a preliminary injunction to stop the law from taking effect; when the district court refused, they appealed to the nation s most liberal appeals court: the Ninth Circuit. Naturally, the Ninth Circuit (despite the lack of evidence) issued an injunction. (Fox News)
Continental Promotion seeks bankruptcy protection after layoff Nov 15, 2008
Last May, Continental Promotion said it won a preliminary injunction from a U.S. District Court in Arizona enforcing a non-compete clause of Samuel Garvin that restricted him from competing with Continental Promotion or solicit the firm s customers or employees for three years following his sale of Continental Promotion to CPG in 2005. The non-compete, according to a press release by Continental Promotion, prohibited Garvin from processing and fulfilling rebates, gift cards and other promotional... (Tampa Bay Business Journal, FL)
Papermaster Countersues To Escape IBM's Legal Hounds Nov 15, 2008
Last Friday, a New York judge handed down a preliminary injunction ordering Papermaster to stop working with Apple, and Papermaster's recent filing essentially asks the court to deem IBM's non-compete clause unenforceable. Papermaster, a 25-year IBM veteran known as an expert in chip design and one of the driving development forces behind the Power PC processor, left IBM Oct. 21 to take over product development for the iPod and iPhone. (CRN)
Darrow III closes N.C. auto dealerships Nov 15, 2008
Nissan Motor Acceptance won a preliminary injunction Oct. 15 in Lenoir (N.C.) County Superior Court restraining Kinston Nissan from selling or removing vehicles from the lot without remitting the proceeds to the finance firm. Nissan is not letting us sell cars and the operational loss was just too steep, Darrow said Friday of his decision to close. (Milwaukee Business Journal, WI)
Ruling on Navy sonar won't affect Isles now Nov 14, 2008
Ezra's preliminary injunction for Hawai'i ordered shutdown of sonar when marine mammals are sighted at distances farther than the Navy policy, but not as far as the California judge. "This case was vital to our Navy and nation's security, and we are pleased with the Supreme Court's decision in this matter," Navy Secretary Donald C. Winter said in a prepared statement. (Honolulu Advertiser)
Supremes Save Sonar Nov 13, 2008
The case reached the Supreme Court because environmental groups persuaded a lower court to impose a preliminary injunction against the Navy s use of sonar. According to the National Resources Defense Council, sonar causes physical trauma to whales, including bleeding around the brain, ears and other tissues. (Human Events Online)
Knowles and MEMSTech in MEMS Microphone Patent Dispute Nov 12, 2008
According to AAC's website, the court subsequently denied Knowles motion for a preliminary injunction seeking to bar AAC's production of MEMS microphones, finding that Knowles failed to make a showing of a probability of success on the merits ... preliminary injunction. (Yahoo News -- Press Releases)
Noble Roman's, Inc. Announces 3rd Quarter Earnings Nov 11, 2008
The company has filed a counter-claim for damages against all ten plaintiffs and a preliminary injunction and a permanent injunction against nine of the plaintiffs. In addition, the company filed a motion for preliminary injunction against nine of the Plaintiffs, all of which are former franchisees ... The preliminary injunction was granted by the court on October 7, 2008. (PR Newswire)
Apple removes Papermaster bio from Web site Nov 11, 2008
An Apple representative did not immediately return a call seeking comment as to why Papermaster's bio was pulled, but this in all likelihood is the result of the preliminary injunction preventing Papermaster from starting work at Apple. His former employer, IBM, is suing Papermaster in federal court in New York for violating the terms of a noncompete agreement, and the judge overseeing the case ordered Papermaster not to report for his first day running Apple's iPhone and iPod group. (Yahoo News -- Technology)
Judge orders newly hired Apple VP to stop work Nov 10, 2008
Friday's move was the result of an IBM motion for a preliminary injunction designed to block Papermaster's move to Apple. On Oct. 22, , claiming that a non-competition agreement he signed in 2006 bars him from working for competitors for a year after leaving the company. (Computerworld)
Former superintendent sues Anaconda school district Nov 9, 2008
Also on Oct. 15, Whealon's attorney filed an application for a temporary restraining order and preliminary injunction asking the court to require the district to pay Whealon's premiums to maintain his coverage until the lawsuit has been resolved. Current Superintendent Tom Darnell said he was aware only of a grievance filed within the district, and the restraining order and injunction application filed with the court. (Montana Standard, MT)
State bars home improvement contractors Nov 8, 2008
Attorney General Nancy Rogers office on Friday said a preliminary injunction handed down in Franklin County Common Pleas Court bars owner Daniel Sechriest from violating state consumer laws and doing business in Ohio until the state s lawsuit ends. Mastergard also does business as Mastergard Remodeling and Supreme Remodeling Concepts, the state said. (Columbus Business First, OH)
Public to get its say on the wolf delisting Nov 7, 2008
issued a preliminary injunction that returned the wolf to federal endangered species protection. As of July 18, wolf management south of Interstate 90 reverted to a section of the Endangered Species Act known as the 10(j) rule, which was amended in January. (Rexburg Standard Journal, ID)
FTC resumes challenge of Wild Oats buy Nov 6, 2008
While the company disagrees with the reversal of the lower court decision denying the FTC s request for a preliminary injunction, the decision acknowledges that neither the court nor the FTC has found the merger to be unlawful, Whole Foods said in Wednesday s report. Reader Comments. (Denver Business Journal, CO)
Long queues at polling booths Nov 6, 2008
US District Judge Richard Williams denied the motion for a preliminary injunction, but ordered election officials to publicise that people in line by 7pm, the polls' closing time, would be allowed to cast ballots. Republican John McCain's campaign sued the Virginia electoral board hours before polls opened, trying to force the state to count late-arriving military ballots from overseas. (Sydney Morning Herald -- World)
US elections officials brace for voting problems Nov 4, 2008
U.S. District Judge Richard Williams denied the motion for a preliminary injunction, but ordered election officials to publicize that people in line by 7 p.m., the polls' closing time, would be allowed to cast ballots. Republican John McCain's campaign sued the Virginia electoral board hours before polls opened, trying to force the state to count late-arriving military ballots from overseas. (International Herald Tribune)
NAACP Loses Lawsuit; Judge Says No To Longer Voting Hours Nov 4, 2008
Judge Richard Williams listened to arguments from the plaintiffs' attorney but didn't even hear from lawyers for the defendants before denying a motion for a preliminary injunction Monday. However, the judge did order the state Board of Elections to publicize the availability of curbside voting for older or disabled voters, along with the fact that people in line by 7 p.m. will be allowed to vote. (WTKR.com, VA)
2 comment(s) Nov 3, 2008
The panel emphasized it is not considering whether the Missouri law is unconstitutional, only that Phelps-Roper is entitled to a preliminary injunction while Gaitan considers the constitutionality question. The case would head back to the district court, although Nixon said he will ask the full appeals court to rehear the case. (Jefferson City News Tribune, MO)
Multichannel Newswire Nov 3, 2008
The Weinstein Co. Friday asked a federal court to vacate a state judge s preliminary injunction barring Project Runway s move from Bravo to Lifetime Television, claiming the switch s delay will permit Bravo to get its own new fashion-reality show ready. Cox Communications, which scrapped the Pivot mobile-phone service developed by a consortium of cable operators this year, plans to debut its own refashioned wireless services in 2009. (Multichannel News)
Judge Halts New York Plan To Turn Yellow Cabs Green Nov 3, 2008
He granted a preliminary injunction. Implementation of the regulations now would be costly to the taxi industry, Crotty ruled. (Planet Ark, United States)
Boston taxi drivers laud ruling in NYC Nov 1, 2008
Judge Paul Crotty issued a preliminary injunction sought by New York City taxi drivers who wanted to overturn the city's mandate. While not ruling on the merits of the case, Crotty said he believed the federal Energy Policy and Conservation Act of 1975 preempts the city's regulation. (Boston Globe)
Energizer Keeps Going Nov 1, 2008
Court Orders Preliminary Injunction in Patent Infringement Case CHICAGO, Oct. 31 /PRNewswire/ -- Brinks Hofer Gilson , one of the largest intellectual property law firms in the United States, today announced that Judge Barbara B. Crabb of the U.S. District Court for the Western District of Wisconsin granted a preliminary injunction in a patent infringement case on behalf of its client, Energizer Holdings, Inc. and Eveready Battery Co., Inc. (Energizer) ... Among other activities, the preliminary... (PR Newswire)
Green Group Disappointed with Judge's Injunction Blocking Green Taxi Rule Nov 1, 2008
Decision is 'Like Comparing Apples to Oranges,' Says Environmental Defense Fund NEW YORK, Oct. 31 /PRNewswire-USNewswire/ -- A preliminary injunction blocking a rule requiring New York City taxicabs to get a minimum 25 miles-per-gallon starting tomorrow is a mistake, according to Environmental Defense Fund. Manhattan-based U.S. District Judge Paul Crotty ruled that a federal law designed to improve motor-vehicle efficiency, The Energy Policy and Conservation Act of 1975, "preempts" the city's... (PR Newswire)
Federal Judge Puts Brakes on NYC Hybrid Taxi Mandate Nov 1, 2008
Taxi Group Applauds Decision and Sees Safe, Fuel-Efficient Taxis In Near Future NEW YORK, Oct. 31 /PRNewswire/ -- A federal judge has granted a preliminary injunction against the City of New York's hybrid taxi mandate, which was to take effect tomorrow, November 1st ... The decision reads as follows: "The Court finds that Plaintiffs have standing to bring this action; that they will be irreparably harmed; and that Plaintiffs have demonstrated a likelihood of success on the issue of preemption.... (PR Newswire)
Red light for green New York taxis Nov 1, 2008
In his preliminary injunction, Crotty said it appears the taxi operators will win the case because the new Taxicab & Limousine Commission regulations are pre-empted under federal laws. The laws reserve regulation of fuel economy and emissions standards to federal agencies, Crotty noted. (MSNBC -- Politics)
Marlborough chem lab lawsuit could spike to $100M Nov 1, 2008
The lawsuit, filed last week in Middlesex Superior Court, is a countersuit to the preliminary injunction the city recently received that prevents Deeb from operating a research and development business at his home ... A week later, the city received the preliminary injunction against Deeb that runs until 2010. (Marlborough Enterprise, MA)
Cortes Applauds Court's Ruling In Voter Fraud Suit Oct 31, 2008
Oct. 30 /PRNewswire-USNewswire/ -- Eager to continue final preparations for the Nov. 4 election, Secretary of the Commonwealth Pedro A. Cortes today applauded the Commonwealth Court's decision to deny a preliminary injunction in a lawsuit against the Pennsylvania Department of State. Cortes issued the following statement: "Ever since this lawsuit was filed, it was clear that - with respect to the department - the claims were a frivolous attempt to undermine voter confidence in the upcoming... (PR Newswire)
Judge grants partial injunction in Halloween case Oct 31, 2008
U.S. District Judge Carol Jackson granted a preliminary injunction barring enforcement of some parts of the law after hearing arguments in a case brought by four sex offenders. Attorney General Jay Nixon's spokesman, Scott Holste, said the office was not prepared to discuss the ramifications of the order but would appeal quickly. (Jefferson City News Tribune, MO)
Preliminary injunction imposed on Orbitz Worldwide Oct 31, 2008
ST. LOUIS Car Rental companies Alamo Rent A Car and National Car Rental received a preliminary injunction against Orbitz Worldwide Inc. Thursday after seeking to have some of their services restored on the travel Web site and Cheap Tickets. The two companies have sued Orbitz in an Illinois court, claiming the company willfully violated an online listing agreement that ends on Dec. 31. (Yahoo News)
Energizer wins injunction against Spectrum Oct 31, 2008
said Friday that it has won a preliminary injunction against in its court case claiming that some of consumer products company s Rayovac brand batteries infringe on Energizer s lithium battery patents ... Judge Barbara Crabb held a hearing Thursday and issued a bench ruling granting Energizer s motion for a preliminary injunction against Spectrum. (Milwaukee Business Journal, WI)
PA Secretary Cortes Responds to Court Decision Oct 30, 2008
Oct. 29 /PRNewswire-USNewswire/ -- Secretary of the Commonwealth Pedro A. Cortes today issued the following response to a federal court's granting of a preliminary injunction that will require polling places in Pennsylvania counties to provide emergency paper ballots if 50 percent or more of their machines malfunction. Cortes said the department will not appeal the decision. (PR Newswire)
Orbitz Worldwide Statement Concerning Ruling on Preliminary Injunction in Vanguard Car Rental USA Inc. v. Orbitz Worldwide, Inc. Oct 30, 2008
CHICAGO, Oct. 29 /PRNewswire-FirstCall/-- The following is a statement from Orbitz Worldwide (NYSE: ) concerning the recent ruling issuing a preliminary injunction in Vanguard Car Rental USA Inc. v. Orbitz Worldwide, Inc., a case currently pending in the Circuit Court of Cook County: "While Orbitz Worldwide respects the Court, we disagree with its decision and are disappointed with this preliminary injunction ruling. We strongly believe we acted in a way permitted by our contract rights to... (PR Newswire)
SMIC Reports 2008 Third Quarter Results Oct 30, 2008
The Company has denied these additional claims by TSMC. On August 15-17, 2007, the California Court held a preliminary injunction hearing on TSMC's motion to enjoin use of certain process recipes in certain of the Company's 0 ... On September 7, 2007, the Court denied TSMC's preliminary injunction motion, thereby leaving unaffected the Company's development and sales ... On June 23, 2008, the Company filed with California court a cross-complaint against TSMC seeking, among other things, damages... (PR Newswire)
Fan laments uncertainty of 'Runway' Oct 30, 2008
A New York Supreme Court justice recently issued a preliminary injunction blocking a $150 million deal to take the show to Lifetime network until NBC's suit trying to stop the move is settled. The new season had been scheduled to start in January. (MSNBC -- News)
Court: Orbitz must restore Alamo, National to front Web page Oct 30, 2008
An Illinois court granted and a preliminary injunction against. The ruling requires Orbitz to immediately restore Alamo's offerings to the initial first-page rental car matrix on both the Orbitz and Cheap Tickets Web sites and National's offerings to the initial first-page rental car matrix of the Orbitz Web site. (St. Louis Business Journal, MO)
Pa. college settles free speech lawsuit Oct 29, 2008
University officials said they would revise the code after a federal judge granted a preliminary injunction barring its enforcement. The Alliance Defense Fund Center for Academic Freedom said the latest lawsuit stemmed from Christian Fellowship's expulsion from campus by the student senate in February in a dispute over its membership and leadership requirements. (USA Today -- News)
Agreement reached in Hinds County ballot challenge Oct 28, 2008
But Graves filed in Circuit Court for a temporary restraining order and preliminary injunction. On Friday, the agreed order was filed that says voting machines will be reprogrammed to list Graves as a Democrat. (The Clarion-Ledger)
Michigan Residents Win Long-Fought Energy Savings Battle; New, Modern Residential Building Code Now in Effect Oct 25, 2008
As the code was to become effective, in February 2005, MAHB successfully obtained a preliminary injunction preventing implementation of the cost-efficient rules. The Michigan Department of Labor and Economic Growth (DLEG), along with the interveners, appealed that ruling to the Court of Appeals which, in August 2007, ruled that the Circuit Court had applied an incorrect legal standard in its review of the new rule. (PR Newswire)
How Green Is the High Court? Oct 24, 2008
The case is very unusual because of its procedural posture: a challenge to a preliminary injunction, noted Maryland's Percival. "At the same time, it could result in a blockbuster decision with important constitutional implications: whether it's constitutional for the president to countermand NEPA by making alternative arrangements for compliance with the act," he said. (Law.com)
Army can't retry Watada for refusal to serve in Iraq war Oct 23, 2008
Settle at the time put in place a preliminary injunction temporarily halting a new court-martial. Settle yesterday ruled that the government could not retry Watada on three of the charges because doing so would violate Watada's double jeopardy rights. (Honolulu Advertiser)
Anti-tax author banned from selling advice Oct 23, 2008
The filing made permanent a restraining order and preliminary injunction first imposed in 2003. Schiff, 80, and Neun, 55, are serving federal prison sentences after a jury in Las Vegas found them guilty in October 2005 of conspiracy, tax evasion and tax fraud. (AZCentral -- News)
Judge explains letting Ariz. election cash flow Oct 18, 2008
U.S. District Judge Roslyn Silver's ruling explains why she refused Tuesday to issue a requested preliminary injunction blocking "matching funds" provided candidates whose privately financed opponents raise more money. Silver said matching funds appear to unconstitutionally chill private contributions by infringing on First Amendment free speech rights. (AZCentral -- News)
Victor's Cafeteria Big Table Oct 17, 2008
" It's definately personal! How can you call Senator Hebert self-serving? He did what he was elected to do, represented the parish council, airport authority and thousands of constituents. What would you call former Senator Romero's actions for the past 12 years when he ignored the "will of the people" and gave privelege to one, Mr. Doerle? Did you read the article that was published in the Daily Iberian on Sept. 26th? District Judge Caldwell issued a "preliminary injunction;" he has no... (New Iberia, LA)
No comments posted. Oct 17, 2008
In the complaint, Cook asks that the court issue a temporary restraining order, preliminary injunction, and permanent injunction prohibiting Pelham from continuing to engage in the conduct described in the Complaint. It further asks for a judgment for liability and compensatory damages against Pelham. (Lafayette Macon County Times, TN)
Summum Organization to Pursue Rights in Court Oct 17, 2008
Summum sought a preliminary injunction, which would allow them to erect the monument throughout the course of the lawsuit, which was denied. In August 2007, the United States 10th Circuit Court of Appeals reversed the decision, prompting the city of Pleasant Grove to appeal to the Supreme Court to overturn the preliminary injunction granted to Summum. (The Daily Universe, UT)
Judge: Blagojevich must halt health care expansion Oct 16, 2008
Judge Epstein issued a preliminary injunction in April banning state officials from spending money on the program. That decision was upheld last month by the Illinois Appellate Court. (The Pantagraph newspaper)
Judge says school districts override vote can move forward Oct 15, 2008
They were requesting a preliminary injunction be granted until a final ruling was made. In Tuesday s ruling, Conlogue found the school district had done what was statutorily required of it to pursue an override, and that an adopted budget for the 2009-2010 school year was not necessary. (Sierra Vista Herald, AZ)
Russell Means fights fishing charge Oct 15, 2008
Means responded by filing a federal lawsuit, asking for a preliminary injunction. He argues that the charge is a violation of the 1851 Fort Laramie Treaty. (Rapid City Journal, SD)
SV override issue goes to court on Tuesday Oct 13, 2008
In the documents filed with the Cochise County Superior Court office in Sierra Vista on Sept. 26, Wenc and Murray requested a preliminary injunction be granted to keep the district s override request off the ballot until a ruling is made on the lawsuit by a judge. Early voting has already started, with the override on the ballot. (Sierra Vista Herald, AZ)
Fight against FEMA (2) Oct 13, 2008
A hearing on a preliminary injunction against FEMA is set for Monday at 9 a.m.. Article Rating. (Boerne Star, TX)
Court intervenes in light company dispute Oct 11, 2008
Sacramento County Superior Court has issued a preliminary injunction against , and , preventing Philips from using or relying on trade secrets obtained from , Lighting Science announced Thursday ... In granting a motion for the preliminary injunction sought by Lighting Science Group, the court found that Lighting Science was likely to prevail on the merits of its action pending against Philips, a press release states. (Sacramento Business Journal, CA)
Yoko Ono Withdraws Suit Against EXPELLED Oct 11, 2008
In June, the U.S. District Court for the Southern District of New York in Manhattan denied the preliminary injunction claim from John Lennons widow Yoko Ono which alleged that the use of the song clip violated federal copyright and trademark law ... After the Federal and State courts denied the preliminary injunction attempts against the film, the plaintiffs filed for dismissal. (Yahoo! Wire -- Entertainment News)
Judge denies motion in EPA rent case Oct 10, 2008
San Mateo County Superior Court Judge Carol Mittlesteadt denied a motion by the city Thursday morning to issue a preliminary injunction to protect Woodland tenants from retaliation for not paying scheduled rent increases. A temporary restraining order on the same issue was overturned on Wednesday. (Palo Alto Online, CA)
ACLU sues Allegheny Co. over sex offender rule Oct 7, 2008
The ACLU is also seeking a preliminary injunction in federal court to stop the ordinance from taking effect. It was supposed to take effect March 1. (Erie Times-News, PA)
Attorneys make their case Oct 6, 2008
They had gotten a court to issue a preliminary injunction. So I took the Massachusetts case, I did an analysis of all the foreclosure cases, all the foreclosure law reviews. (San Diego Union-Tribune)
Ruling Called 'Paradigm Shift' in Non-Compete Cases Oct 3, 2008
U.S. Magistrate Judge M. Faith Angell held a three-day hearing and recommended in a 23-page report in December 2006 that a preliminary injunction issue ... After Pollak adopted Angell's recommendation and issued a preliminary injunction, the litigation moved to proceedings before the FINRA arbitration panel. (Law.com)
Economic Stabilization act full text Oct 3, 2008
15 (C) PRELIMINARY INJUNCTION. Any re16. quest for a preliminary injunction against the. (Gillette News-Record, WY)
ELECTION 2008: Men challenge process that set Sierra Vista school budget override vote Oct 3, 2008
In the documents filed with the Cochise County Superior Court office in Sierra Vista, Wenc and Murray requested a preliminary injunction be granted to keep the override off the ballot until a ruling is made on the lawsuit by a judge. Murray, in a phone interview Friday evening, said he would have no problems with an override if he felt it were valid. (Sierra Vista Herald, AZ)
Court blocks 'Runway' move to Lifetime Oct 3, 2008
Producers plan to appeal the preliminary injunction ... A preliminary injunction was ordered by New York Supreme Court Justice Richard B. Lowe in a lawsuit filed by NBC Universal against the Weinstein Co., which produces the hit reality series hosted by supermodel Heidi Klum. (CNN -- Showbiz)
Candidates divided over voided Madera election Sep 25, 2008
Judge James Oakley of Madera County Superior Court issued the preliminary injunction after the San Francisco-based Lawyers' Committee for Civil Rights sued the Madera Unified School District in August. The committee opposes the school district's at-large system of electing trustees. (Fresno Bee -- Local)
Madera judge nullifies school election before it's held Sep 24, 2008
Judge James E. Oakley of Madera County Superior Court issued the preliminary injunction as part of a lawsuit filed in August by the San Francisco-based Lawyers' Committee for Civil Rights against the Madera Unified School District. The committee opposes the school district's at-large system of electing trustees. (Fresno Bee -- Local)
Movie Gallery wins injunction over signage Sep 24, 2008
The court ordered the Boards company in March to remove the signs by Aug. 31, but the court found it had violated the order and then issued the preliminary injunction. Movie Gallery said it also plans to seek damages under the U.S. Federal Trademark Laws. (Birmingham Business Journal, AL)
Court Issues Injunction to Protect Movie Gallery's Trademarked Brands Sep 24, 2008
Sept. 23 /PRNewswire/ -- Movie Gallery, Inc. ("Movie Gallery") today announced that the United States Bankruptcy Court for the Eastern District of Virginia, Richmond Division (the "Court") has issued a preliminary injunction against Boards Video Company, LLC and Boards Inc. (collectively "Boards"), enjoining them from further infringing on Movie Gallery's trademarks. ADVERTISEMENT. (Yahoo! Wire -- Entertainment News)
Pilots file suit vs. US Airways Sep 20, 2008
Six former America West pilots filed suit Thursday in U.S. District Court for Arizona, asking for a preliminary injunction against such furloughs if pilots from the pre-merger US Airways get preferential treatment. The plaintiffs contend former America West pilots have not been properly represented by labor unions. (Charlotte Business Journal, NC)
