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Intellectual Property – Patent Infringement Claim – Preliminary Injunction Motion – Irreparable Harm – Insufficient Showing
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 own ammunition pouches, the bare affidavit of plaintiff’s president is insufficient to show irreparable harm. [[...]
Civil Practice – Preliminary Injunction – Officers’ Companies – Tort/Negligence – Breach of Fiduciary Duties – Money Damages
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 they formed companies to perform “cut-and-sew” operations and to manage supply chain logistics for plaintiff’s […]
Civil Practice – Preliminary Injunction – Landlord/Tenant – Commercial Lease
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 rights under the parties’ agreements if the defendant-lessor evicts plaintiff six and a half years […]
Civil Practice – Preliminary Injunction – Belhaven Hospital – Success on the Merits – Unlikely
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 for $28,000 plus personal liability if the hospital failed, the majority of the LLC’s members […]
Civil Practice – Preliminary Injunction – Corporate – Minority Shareholder – Labor & Employment
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 alternative employment, he has not shown that his financial losses constitute irreparable harm. The court […]
Civil Practice – Appeals – Venue – Preliminary Injunction – Labor & Employment
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 to dismiss for improper venue, defendant discovered and argued to the trial court a new […]
Civil Practice – Preliminary Injunction – Real Property – Mortgages – Foreclosure Sale – Tort/Negligence – Misrepresentation
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.
Civil Practice – Preliminary Injunction – Prohibitory Injunction – Contract – Seed Treatment Sales
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.
Contract – Franchise – Civil Practice – Preliminary Injunction – Covenant Not to Compete – Return of Materials
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.
Real Property – Eminent Domain – Sufficient Notice – Beach Nourishment – Civil Practice – Preliminary Injunction — Municipal
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[...]
Constitutional – Free Speech – Woman’s Right to Know Act – Speech & Display Requirements – Coerced Speech – Strict Scrutiny – Civil Practice – Preliminary Injunction
Stuart v. Huff G.S. § 90-21.85 requires a medical provider to display images of an abortion patient’s ultrasound so she may see them and to simultaneously explain the display, including the presence, location, and dimensions of the fetus along with the presence of external members and internal organs, if present and viewable. This compelled speech does not withstand strict scrutiny.
Tort/Negligence – Breach of Fiduciary Duty – Civil Practice – Preliminary Injunction – Competing School
Lake House Academy for Girls LLC v. Jennings The plaintiff-limited liability company has shown that it is likely to succeed on its claim of breach of fiduciary duty because, while she was a manager of the plaintiff-LLC, defendant arranged to found a school to compete with plaintiff. If defendant is allowed to open the competing school, plaintiff’s damages will be difficult to calculate.[...]
Top Legal News
- Catesha Hargro: Finding pathways forward
- Cooper vetoes bill over control of election boards
- Judge dismisses state lawmaker’s defamation suit
- 5th Circuit blocks Louisiana redistricting hearings
- Bonnie Keen: Charting her own course
- Courts’ work will continue amid government shutdown
- NC lawmakers to redraw district maps again
- Mississippi activists ask to join water lawsuit
- State judge blocks gender-affirming care ban
- Menendez pleads not guilty in wide-ranging corruption case
- Lawyer in Trump-Russia probe confirmed for Connecticut high court
- Commercial vehicle crash claims life of wife, mother: $3.99 million settlement
Commentary
- Amotion sees resurgence after almost a decade
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Court’s term was rough on big business
- Ex-president, bar association have made their choice
- Ruling sharpens boundaries in attorney-client privilege
- Lawyers Weekly debuts new and improved web experience
- US Supreme Court bites back at parody’s use of the First Amendment
- Supreme Court leaves key internet protection untouched
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- A roadmap to attracting, developing, retaining great associates
