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Topic: Injunctive

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	Attorneys at Law: Davis Levin Livingston Grande. Innovative Class Action Techniques, Consumer Class Actions, The Use ...
		Thus, the injunctive remedy under 23(b)(2) may be used both for past actions or inactions, which plaintiffs seek to stop or mandate, as well as for future actions or inactions, which plaintiffs ask to be stopped or mandated in the future.
		Injunctive relief may encompass a broad range of conduct that plaintiffs are trying to restrain or mandate.
		While a close nexus exists between injunctive and declaratory relief and while parties seeking a declaration of their rights commonly also seek an injunction, Rule 23(b)(2) does not require both forms of relief to be sought.
	www.davislevin.com /article29.html (4677 words)

	Allison v. Citgo Petroleum Corp. (Site not responding. Last check: 2007-10-21)
		The district court determined that a primary limitation on the (b)(2) class action is the requirement that injunctive or declaratory relief be the predominant relief sought for the class.
		By requiring the predomination of injunctive or declaratory remedies, (b)(2) was intended to serve this purpose by inherently concentrating the litigation on common questions of law and fact.
		If civil rights plaintiffs combine their otherwise (b)(2) class-worthy claim for injunctive relief with claims for compensatory or punitive damages, even if the damage claims are small and do not predominate, the rule formulated by the majority would deny (b)(2) class certification.
	lw.bna.com /lw/19980609/30489.htm (14085 words)

	DCBA Brief, December 2000 Issue - The Law’s Atomic Bomb: Preliminary Injunctive Relief
		Preliminary injunctive relief has been referred to as the "law’s atomic bomb" and, like the explosive force of uncontrolled fission, the preliminary injunction, though provisional, is sudden and tremendously powerful.
		Mechanically, preliminary injunctive orders must be (1) narrowly tailored to preserve the status quo and (2) limited to the scope of the relief requested in the complaint.
		The second element of preliminary injunctive relief, that the plaintiff has no adequate remedy at law, is the traditional standard used to invoke the jurisdiction of a court of equity.
	www.dcba.org /brief/decissue/2000/art41200.htm (1944 words)

	NASD Rulemaking: Rel. 34-44950 (re: Amending Rules 10335 and 10205(h) Relating to Injunctive Relief)
		The party seeking temporary injunctive relief shall also serve the Statement of Claim requesting permanent injunctive and all other relief on all other parties in the same manner and at the same time as the Statement of Claim is filed with the Director.
		The legal standard for granting or denying a request for permanent injunctive relief is that of the state where the events upon which the request is based occurred, or as specified in an enforceable choice of law agreement between the parties.
		The purpose of the proposed rule change is to streamline the process for obtaining injunctive relief, and to expedite the disposition on the merits of cases in which injunctive relief is ordered.
	www.sec.gov /rules/sro/34-44950.htm (3226 words)

	Requesting Injunctive Relief (Site not responding. Last check: 2007-10-21)
		Requests for injunctive relief (the original plus six copies) must be filed with the General Counsel at PERB's headquarters office, with a copy to the appropriate regional office as designated in Sections 32075 and 32612 of PERB’s regulations.
		The request for injunctive relief must include an argument stating why the alleged action constitutes an unfair practice and why injunctive relief is necessary.
		Injunctive relief requests are treated as a matter of urgency, and it is imperative that the respondent receive timely notice of the request to enable it to provide an immediate response.
	www.perb.ca.gov /injunctiverelief.htm (1285 words)

	Texas Lawyer - A Quick Primer for GCs on Obtaining Injunctive Relief
		Here are some key issues to watch for: To obtain injunctive relief, suit must be brought in the county of the executive's residence.
		Because everything is done on an expedited basis, because there's an enormous amount of work done within a two-to-four week period and because the law firm must drop everything else to focus on this, the legal fees follow this arithmetic: six figures, one comma, five zeros.
		That value is two-fold: First, the company may obtain injunctive relief, which gets it to where it wants to go, or if injunctive relief is denied, the process disrupts the competitor's business and sends the message that the former company is watching the former exec and her company carefully for any unlawful business practices.
	www.law.com /jsp/tx/pubarticleTX.jsp?id=1120122312507 (1640 words)

	SurfWax: News, Reviews and Articles On Injunctive Relief
		Warshak already agreed to the injunctive relief requested by the attorneys general, and, together with class action counsel, we are progressing rapidly toward a global settlement that...
		Plaintiffs are requesting in the complaint injunctive relief, a declaration from the court that such behavior is illegal, and the restoration to the general public of defendants' ill-gotten gains.
		They ask for declaratory and injunctive relief, and accuse the excise board of holding an illegal special meeting and ask that all actions taken during that meeting, a final discussion on the county budget, be declared "null and void.".
	www.lawkt.com /files/Injunctive_Relief.html (4998 words)

	TRADE SECRETS AND THE INEVITABLE DISCLOSURE DOCTRINE
		It is well established that a court of equity shall not grant injunctive relief without balancing the interests of the parties in light of the public interest.
		Courts require the party seeking injunctive relief to show a probable success on the merits or sufficiently serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly in favor of the party seeking injunctive relief.
		The applicability of the “inevitable disclosure” doctrine is strictly limited to the entry of injunctive relief.
	www.rmarkhalligan.com /idoctrine.html (6028 words)

	Federation of Southern Cooperatives Land Assistance Fund
		Injunctive relief is the remedy in the lawsuit that is separate from money damages.
		In order to be eligible for injunctive relief, a class member must prevail in either Track A or Track B of the settlement.
		A liberal construction in favor of class members, therefore, means that when someone tries to understand the meaning of the Consent Decree, he or she should resolve all reasonable doubts as to its meaning in favor of the class member.
	www.federationsoutherncoop.com /ca9501.htm (1455 words)

	U.S. EPA Region 5 -ORC- Injunctive Relief
		public report describing the number and type of cases in which injunctive relief was secured through settlement and litigation of enforcement actions during the previous fiscal year.
		An injunction is limited to those measures which a violator must undertake to achieve and maintain final compliance (and to reduce the adverse effect(s) of the violations to the greatest extent practicable pending the achievement of final compliance).
		EPA may obtain injunctive relief even in a case which is settled; it is simply that the regulated entity agrees to execute certain actions (e.g.
	www.epa.gov /region5/orc/annualreports/irdescr.htm (730 words)

	U.S. Senate Republican Policy Committee
		Fewer patients would be able to pursue injunctive relief due to the financial burden of legal representation.
		Left intact, the right to seek injunctive relief by class action would enable comprehensive resolution of coverage disputes before patients can be harmed.
		Injunctive relief in a class action is perhaps the strongest patient protection available under ERISA, yet Democrats threw it overboard because it doesn't enrich trial lawyers.
	www.senate.gov /~rpc/releases/1999/hc061899.htm (497 words)

	[No title] (Site not responding. Last check: 2007-10-21)
		Uzan,3 Judge Rakoff acknowledged that he would “gladly” have waited for the Supreme Court to rule, but explained that he was constrained to act because plaintiffs’ request to preliminarily enjoin defendants from dissipating assets required a decision urgently.
		Taken overall, what clearly emerges from the legislative history is that Congress intended to give private civil litigants a right to sue under RICO and that, since the Act nowhere else specified damages, this was expressly included in the amendment.
		Finding that plaintiffs had established all the traditional prerequisites to injunctive relief, Judge Rakoff granted their request for a preliminary injunction.
	www.weil.com /wgm/CWGMPubs.nsf/46b9f566b830f4cd85256658007515d3/25aa3ca7d3259c0785256c130063463b?OpenDocument (2039 words)

	Injunctive Relief @ lawschoolhelp.com
		Injunctive relief should be no more burdensome to the defendants than necessary to provide complete relief to the plaintiffs.
		A party not subject to liability for violating the law may not be assessed a proportionate share of the costs of implementing a decree to assure nondiscriminatory practices on the part of another party which was properly enjoined.
		Although a statute may authorize the issuance of injunctive relief, such statutes are not normally interpreted to deny courts the discretion to rely on remedies other than an immediate prohibitory injunction, even if the statutory threshold showing is made.
	www.west.net /~smith/enjoin.htm (1728 words)

	RR Commentary
		With nearly all injunctive cases, there are no true trade-secret or compliance issues involved--certainly none so grave as to justify harming customers as is currently happening.
		Once judges or injunctive panelists can see the broad picture of industry experience, they will be much less likely to freeze customer accounts and be more likely to expedite the cases to SRO arbitration for efficient resolution.
		Any challenges in dealing with the demands of users of the NASDR injunctive process (such as Friday evening and weekend hearings) is not a reason to turn the entire process over to the federal courts and the taxpayer.
	registeredrep.com /news/finance_rr_commentary (6434 words)

	RODNEY F
		The injunctive order was void, as it sought support in earlier illegal and unconstitutional acts (deliberately reversing the frivolous criteria to "support" the summary judgment dismissal; denying appellant Fifth Amendment, statutory and case law, rights to a federal court forum when federal causes of action of constitutional magnitude are raised).
		In bankruptcy court, the injunctive order was (a) to protect the illegal and corrupt seizure of appellant's properties; (b) to protect those attorneys, trustee, and others, who aided in the seizure of the properties; and compound the earlier violations.
		The injunctive order, as applied after the fact by the Justice Department, magistrate Moulds, and district judge Raul Ramirez, clearly was intended to silence the reporting of the air disaster misconduct, and the extension of that misconduct to silence appellant via the sham California action.
	www.defraudingamerica.com /contempt_appeal_brief.html (13901 words)

	LawKT.com: Law Firm Publications on Injunctive Relief
		Immediate Injunctive Relief Given the unique nature of multi-year arrangements for a policyholder, particularly where a company has based its financial planning around the rates to which an insurance company has agreed for multiple years, a policyholder should be able to obtain injunctive relief to enforce the multi-year guarantee.
		Injunctive relief is perhaps the most important remedy afforded by the Act, because it offers the victim the ability to stop misuse of a trade secret and prevent or terminate unfair competition before the damage is irreparable
		The uncle also filed an action in state court seeking injunctive relief to restrain the attorney from denying the rights and privileges of the uncle as the CEO of the corporations, from destroying or removing any of the client’s files and from undertaking any unethical conduct.
	www.lawkt.com /pubs/Injunctive_Relief.html (13970 words)

	Statute: § 17203. Injunctive relief; Court orders
		Code, § 17200 et seq.), injunctive relief to prevent unlawful, unfair, or fraudulent business acts or practices, and restitution (that is, disgorgement) of money or property wrongfully obtained "by means of such unfair competition," are authorized (Bus.
		Injunctive relief may be as wide and diversified as the means employed in perpetration of the wrongdoing.
		§ 1750, a claim for injunctive relief under the Unfair Competition Act, B & P C § 17200 is brought by a plaintiff acting in the capacity as a private attorney general, under B & amper; P C § 17203.
	www.arb.ca.gov /bluebook/bb05/BUS17203/BUS_17203.htm (4913 words)

	FIFTY STATES PROGRAM CONSIDERS INJUNCTIVE RELIEF
		Experience common to several states was the easy availability of truly ex parte relief, without notice in any form by attorneys who are cozy with the particular judge, while other attorneys are asked why they have not given notice or made a good-faith effort, shown irreparable harm, and generally followed the rules.
		From a surprisingly large number of states it was reported that there is a domestic violence statute under which it is much easier to get a tactically useful injunction than it is to get it under the divorce code, with false and exaggerated allegations being common.
		He would rather have the court know the true history of the case, and mutual injunctive orders would grossly distort and mislead an impartial observer as to the respective roles of the parties concerned.
	patriot.net /~crouch/flnc/injunc.html (1578 words)

	PANINI AND THE INJUNCTIVE
		A.A. Macdonell; “In sense the forms that drop the augment are either indicative or injunctive”, “The general meaning of the injunctive expresses a desire combining the senses of the subjunctive, the optative and the imperative”.
		Referring to the relevant rules of Panini, I proved that Panini was fully aware of the injunctive in both of its aspects – morphological and functional i.e., Panini is not ignorant of the injunctive as Witzel claims.
		Therefore Panini’s alleged ignorance of the Injunctive cannot be cited as an example in evidence of the disappearance of several grammatical forms.
	www.bharatvani.org /indology/VSPanini.html (2757 words)

	Maryland Business: Labor and Employment Article
		The General Assembly finds that a procedure that allows a plaintiff to obtain sweeping injunctive relief without giving to each defendant notice of and a hearing based wholly or partly on examination and cross-examination of witnesses in open court, rather than on affidavits alone, is peculiarly subject to abuse in later litigation because:
		(3) erroneous issuance of injunctive relief usually is irreparable to the defendant; and
		This Part III of this subtitle shall be interpreted and applied in accordance with the policy stated in §4-311 of this subtitle.
	www.maryland-business.net /InjunctiveRelief.html (841 words)

	U.S. District Court -Western District of Washington at Seattle Order (August 8, 2003) -- Washington Toxics Coalition, ... (Site not responding. Last check: 2007-10-21)
		However, Croplife argues that injunctive relief is not appropriate with respect to ongoing agency actions, such as those at issue here.
		Given this conclusion, interim injunctive relief is necessary to fulfill the substantive, institutionalized caution mandate of the ESA.
		Thus, although the actual effects of the fisheries and the efficacy of mitagation measures are uncertain, the significant and demonstrated potential negative effects of these large fisheries constitute a clear threat to appreciably diminish the value of critical habitat for Stellar sea lions.
	www.pestlaw.com /x/courts/washtoxics-20030808A.html (6290 words)

	New York City Declaratory Judgment Actions Lawyer, Injunctive Relief Attorney, Real Estate Litigation, Manhattan, ... (Site not responding. Last check: 2007-10-21)
		The purpose of both is to maintain the status quo by preventing a defendant from continuing to act in the manner complained of.
		Injunctive relief is a discretionary power of the court, an equitable remedy and failure to comply with an injunction may result in being held in contempt of court.
		Injunctive relief is a discretionary power of the court in which the court, upon deciding that the plaintiff's rights are being violated, balances the irreparablility of injuries and inadequacy of damages if an injunction were not granted against the damages that granting an injunction would cause.
	www.garywachtel.com /PracticeAreas/Injunctive-Relief-Declaratory.asp (634 words)

	[No title]
		First, courts have explained that when injunctive relief is sought to remedy a group harm, a “presumption of cohesion and unity” exists between class members and their representatives so that adequate representation will protect all class members’ interests.
		Additionally, courts have reasoned that because classes seeking injunctive relief attempt “to bind defendants to a certain course of conduct,” trial courts carefully fashion remedies that adequately account for the interests of both the class and the defendants.
		Rule 23(b)(2), which authorizes class claims for injunctive relief and lacks notice and other procedural requirements, reflects that due process may only require adequate representation to bind class members to judgments for injunctive relief.
	www.courts.state.co.us /supct/opinions/2004/04SA30.doc (4251 words)

	HOG ON ICE: About Injunctive Relief (Site not responding. Last check: 2007-10-21)
		Injunctive relief can also follow the resolution of a case; it may be what you're suing to get.
		According to news accounts, Judge Whittemore stated that injunctive relief was denied based on the fact that the Schindlers were unlikely to prevail on the merits.
		Oinked by: mike at March 23, 2005 06:48 PM Earlier today I read the 11th Circuit's opinion and found the dissent's discussion of injunctive relief under the All Writ's Act fairly persuasive.
	www.hogonice.com /archives/003531.html (3060 words)

	SSRN-Sygenta, Stephenson and the Federal Judicial Injunctive Power by Lonny Hoffman
		The implications of this signal are profound: if the position of this plurality commands only one more member of the Court, it would mean for the class action context a vastly greater federal judicial authority to enjoin collateral attacks brought in the state forum.
		Because there ultimately was no decision by a majority of the Court in the case, in Part II of this paper I carefully parse the intermediate appellate court's opinion, along with the positions advanced by the parties and their amici before the United States Supreme Court.
		This insight suggests that the judicial responsibility for evaluating litigant conduct is tremendously important to the articulation of fair and wise limits on the scope of the federal judicial injunctive authority.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=892883 (649 words)

	July 3rd Court Ruling: Injunctive Relief
		Petitioners, to the contrary, argue that injunctive relief is warranted by GE's previous misrepresentations, despite the corrective actions required by the Amendment, and that GE' s post-Amendment actions with respect to the recall constitute an additional basis for injunctive relief.
		Specifically, the Amendment requires GE to call each consumer who had earlier requested a rebate information package, but who has not submitted an application for a rebate (and who, therefore, can be assumed not to have purchased a new dishwasher).
		Accordingly, petitioners argue, injunctive relief is required, despite such implementation of the Amendment as there has been.
	www.oag.state.ny.us /press/2001/jul/jul10b_01_court_ruling_injunctive.html (1405 words)

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