Injunction

Subscribe to Injunction via RSS

I had always thought that you need to post a bond in order to obtain an injunction, both in federal and state court.  It turns out that I was wrong.

The federal rule seems to require a bond.  It says:

(c) Security. The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained. The United States,

…
Continue Reading Something That You Might Not Have Known About Injunctions

It’s not every day that you see a "mandatory injunction,"  In fact, Judge Jolly said last Friday that such an injunction was "rare and generally disfavored as an interlocutory remedy," in Bayer Cropscience LP v. Chemtura Corp., 2012 NCBC 40. Op. 22.  But that didn’t stop the Judge from entering an injunction that most of us would think of as mandatory: an injunction ordering Defendant Chemtura to reinstate its contract with the Plaintiff Bayer and resume its exclusive arrangement to sell a seed treatment called Ipconazole to Bayer. …

Continue Reading Preliminary Injunction Reinstating Contract Ordered By Business Court

If you’ve practiced in federal court in North Carolina for any period of time — or anywhere in the Fourth Circuit for that matter — you are familiar with the case of Blackwelder Furniture Co. of Statesville v. Seilig Manufacturing Co., 550 F.2d 189 (4th Cir. 1977), which set out the standard for the grant of a preliminary injunction. 

You would never write a brief asking for or opposing injunctive relief in federal court in the Fourth Circuit without mentioning Blackwelder.  It was a standard, a touchstone.

Well…

Continue Reading There’s A New Standard For Injunctive Relief In The Fourth Circuit (In Other Words, Blackwelder Is Dead)

The Court denied the entry of a preliminary injunction in a case involving the dissolution of a law firm.  The injunction would have prevented the defendants from distributing to themselves the proceeds from contingent fees cases in which the plaintiffs claimed an interest. 

The Court held that "[t]he Plaintiffs have not made a convincing showing that they either are likely to sustain irreparable loss unless the injunction is issued, or that such relief is necessary for the protection of their rights during the course of litigation.  Plaintiffs’ contentions in this regard…

Continue Reading Mitchell, Brewer, Richards, Adams, Burge & Boughman, PLLC v. Brewer, April 8, 2008 (Jolly)(unpublished)