Edge-Works Manufacturing Co. v. HSG, LLC (Lawyers Weekly No. 002-003-18, 27 pp.) (Louise Flanagan, J.) 7:17-cv-00223; E.D.N.C. Holding: Even though plaintiff has shown some likelihood of success on its claim that defendant’s ammunition pouches infringe on plaintiff’s patent for its ...

Tagged with: preliminary injunction

Global Textile Alliance, Inc. v. TDI Worldwide, LLC (Lawyers Weekly No. 020-108-17, 28 pp.) (Gregory McGuire, J.) 2017 NCBC 106 Holding: Although the plaintiff-fabric company may be able to show that its officers breached their fiduciary duty to plaintiff when ...

Tagged with: preliminary injunction

Swift Beef Co. v. Alex Lee, Inc. (Lawyers Weekly No. 004-027-17, 6 pp.) (Max Cogburn Jr., J.) 5:17-cv-00176; W.D.N.C. Holding: Where the plaintiff-lessee argues that it will suffer irreparable harm through loss of goodwill, sales, customers, business opportunities and property ...

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Bowman v. Sparrow (Lawyers Weekly No. 020-009-17, 14 pp.) (Gregory McGuire, J.) 2016 NCBC 104 Holding: Although plaintiffs contend that defendants misinformed members of Pantego Creek, LLC, that acquiring the now-closed Belhaven Hospital would make each LLC member personally liable ...

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Brewster v. Powell Bail Bonding, Inc. (Lawyers Weekly No. 020-039-16, 12 pp.) (Gregory McGuire, J.) 2016 NCBC 41 Holding: A shareholder in a bail bonding business has legal remedies for his claims; moreover, given his voluntary decision not to seek ...

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A&D Environmental Services, Inc. v. Miller (Lawyers Weekly No. 15-07-0881, 8 pp.) (Chris Dillon, J.) Appealed from Guilford County Superior Court (A. Robinson Hassell, J.) N.C. App. Holding: During the pendency of defendant’s appeal of an order denying his motion ...

Tagged with: preliminary injunction

Robinson v. Deutsche Bank National Trust Co. Defendant bought plaintiff’s home in a foreclosure sale in June 2012. Plaintiff has not shown a likelihood of success as to the only equitable remedy she seeks – a constructive trust – therefore, plaintiff is not entitled to a preliminary injunction enjoining her eviction from the home.

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Bayer CropScience LP v. Chemtura Corp. Where the parties operated under their contract for nearly four years before defendant decided to terminate the contract on April 30, 2012, enforcement of the status quo would be the parties’ continued operation under the contract. Therefore, plaintiff seeks a prohibitory, rather than a mandatory, injunction.

Tagged with: Civil Practice Contract preliminary injunction

Outdoor Lighting Perspectives Franchising, Inc. v. Harders The covenant not to compete in the parties’ expired franchise agreement is written so broadly that it is unenforceable. Nevertheless, the agreement clearly requires the ex-franchisee to return certain materials to the franchisor upon termination of the agreement.

Tagged with: Civil Practice Contract Covenant Not to Compete Franchise preliminary injunction

Fisher v. Town of Nags Head Plaintiffs, owners of oceanfront properties, sought to preliminarily enjoin a beach nourishment project because the defendant-town did not intend to pay plaintiffs for the easement that the town would need to add sand (and value) to plaintiffs’ properties. The issue of just compensation is one for the condemnation proceeding and not for preliminary injunction. The other issue raised by plaintiffs – that the town’s notice was inadequate – is rejected in part because the notice was sufficient to allow plaintiffs to file suit before the deadline set out in the notice.

Tagged with: Civil Practice Eminent Domain Municipal preliminary injunction Real Property