Tag Archives: preliminary injunction

Intellectual Property – Patent Infringement Claim – Preliminary Injunction Motion – Irreparable Harm – Insufficient Showing (access required)

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 ...

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Civil Practice – Preliminary Injunction – Real Property – Mortgages – Foreclosure Sale – Tort/Negligence – Misrepresentation (access required)

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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Civil Practice – Preliminary Injunction – Prohibitory Injunction – Contract – Seed Treatment Sales (access required)

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.

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Contract – Franchise – Civil Practice – Preliminary Injunction – Covenant Not to Compete – Return of Materials (access required)

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.

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Real Property – Eminent Domain – Sufficient Notice – Beach Nourishment – Civil Practice – Preliminary Injunction — Municipal (access required)

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.

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