Please ensure Javascript is enabled for purposes of website accessibility

preliminary injunction

Jan 29, 2018

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. [[...]

Dec 18, 2017

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 […]

Nov 1, 2017

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 […]

Jan 26, 2017

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 […]

Jun 16, 2016

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 […]

Sep 15, 2015

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 […]

May 16, 2013

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.

Jul 26, 2012

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.

May 24, 2012

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.

May 18, 2012

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[...]

Jan 11, 2012

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.

Oct 17, 2011

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

See All Top Legal News


See All Commentary