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Topic: Injunctive relief


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In the News (Sat 20 Jul 19)

  
  Patent Prospector: Injunctive Relief - Historical Perspective   (Site not responding. Last check: 2007-11-04)
Injunctive relief against further infringement for the remaining duration of a patent's life has been available since 1819.
Injunctive relief hews to the principle expressed in the Constitution of "securing...
This second exception is the case law wedge prying open justification, as proposed in the current legislative package of patent reform, to selectively apply injunctive relief in cases where the infringer is a manufacturer employing a patented technology, but the patent owner is not actively employing the technology.
www.patenthawk.com /blog/archives/2005/05/injunctive_reli.html   (431 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: 2007-11-04)
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)

  
 FLRA GC Litigation Manual - Part 1 - E.   (Site not responding. Last check: 2007-11-04)
To provide guidance on (1) the applicable criteria used to determine whether to seek injunctive relief; (2) the process used to request permission to seek appropriate relief; and (3) the process used once permission is granted.
A decision to seek injunctive relief is appropriate only under extraordinary circumstances--"where the status quo must be maintained while the unfair labor practice complaint is processed" to avoid frustrating the purposes of the Statute.
A decision not to seek appropriate temporary relief is not subject to appeal whether or not it is (1) the RD’s decision not to recommend to the GC or (2) the GC’s decision not to ask the Authority for permission to seek appropriate temporary relief.
www.flra.gov /gc/lm_p1-e.html   (890 words)

  
 Office of the Monitor
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.
In these cases, for the purpose of setting the deadline for injunctive relief, the prevailing class member completed the claims process on the date of the reexamination decision by the Adjudicator or Arbitrator.
www.pigfordmonitor.org /updates/update04.htm   (2165 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.".
law.surfwax.com /files/Injunctive_Relief.html   (5012 words)

  
 NOTICE AND MOTION FOR ORDER FOR INJUNCTIVE RELIEF FROM TORTURE
A. Injunctive Relief is required to terminate the government's torture, intrusion and violation of Plaintiff by the use of electronic forces that violate Plaintiff's Constitutional Rights.
Plaintiff Schlund is seeking injunctive relief to restrain the actual and threatened acts of irreparable injury which are in fact cruel and unusual punishment to him personally and to his constitutional rights, as expressed above.
injunctive relief is available for the protection of interests of personality, even though the harm done or threatened consists of nothing more to injury to feelings, sensibility, or honor.
www.mindcontrolforums.com /v/schlundmotion.htm   (8978 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.
Accordingly, petitioners argue, injunctive relief is required, despite such implementation of the Amendment as there has been.
The proposed orders may provide for injunctive relief pertaining, interalia, to GE's failure to provide the rewiring that it is currently promising to provide.
www.oag.state.ny.us /press/2001/jul/jul10b_01_court_ruling_injunctive.html   (1405 words)

  
 FLRA GC Litigation Manual - Injunction Policy   (Site not responding. Last check: 2007-11-04)
The General Counsel’s memorandum to the Regional Directors, which emphasizes that injunctive relief is appropriate only under extraordinary circumstances, highlights the types of factors that should be considered as well as the process the region should follow when determining whether a charge is a candidate for injunctive relief.
Neither the General Counsel’s decision not to seek injunctive relief nor the Authority’s disapproval of the General Counsel’s request to seek such relief are appealable.
In addition, the parties must understand that a decision to seek injunctive relief is appropriate only under extraordinary circumstances and, in determining whether injunctive relief should be sought, one factor is seldom determinative.
www.flra.gov /gc/lm_a-inj.html   (3782 words)

  
 Injunctive Relief
Injunctive relief should be no more burdensome to the defendants than necessary to provide complete relief to the plaintiffs.
The statutory authorization is a substitute for irreparable injury which is ordinarily an indispensable requirement to the entitlement of injunctive relief.
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   (1735 words)

  
 Section 630-755 Injunctive relief may be requested--act   (Site not responding. Last check: 2007-11-04)
Injunctive relief may be requested--action to have priority--civil penalties may be assessed, procedure.
Any action brought under the provisions of this section shall be placed at the head of the docket by the court and the court shall hold a hearing on any action brought under the provisions of this section no less than fifteen days after the filing of the action.
The court shall have the authority to determine the amount of civil penalty to be assessed.
www.moga.mo.gov /statutes/C600-699/6300000755.HTM   (148 words)

  
 No. 01-1118: Scheidler v. NOW - Amicus (Merits)
Rather, the authority to seek such relief is found in Section 1964(b), which states that "[t]he Attorney General may institute proceedings under this section," and that, "[p]ending final determination thereof," the court may enter appropriate interim restraining orders.
Congress reinforced that only the Attorney General may seek equitable relief by providing that temporary equitable relief may be awarded "[p]ending final determination" of a proceeding brought by the Attorney General for permanent injunctive relief.
Under Section 1964(a) and (b), therefore, the sole authority to seek final and interim injunctive relief against racketeering activities and enterprises is given to the Attorney General.
www.usdoj.gov /osg/briefs/2002/3mer/1ami/2001-1118.mer.ami.html   (7404 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
Relief in instances where a debtor attempts to extend this automatic protection to nondebtor parties is afforded under 11 U.S.C. º105(a) (procedurally, the relief is sought by way of the commencement of an adversary proceeding by the debtor under Fed. P.
www.lawkt.com /pubs/Injunctive_Relief.html   (13970 words)

  
 FIFTY STATES PROGRAM CONSIDERS INJUNCTIVE RELIEF   (Site not responding. Last check: 2007-11-04)
Their reports covered injunctive relief against domestic violence and property/income dissipation, no-contact orders, kick-out orders, sequestration, prevention of child removal and the like.
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.
A number of lawyers, particularly those from Connecticut, felt that requirement of bond was at least a partial safeguard against abusive exploitation of preliminary injunctive relief, and they wondered at the reports from other states where bond is not required from the enjoining party.
patriot.net /~crouch/flnc/injunc.html   (1578 words)

  
 3-634 - Violation; classification; injunctive relief; evidence of violation   (Site not responding. Last check: 2007-11-04)
B. If a person fails or refuses to comply with this article or any rule or order adopted pursuant to this article, the director may apply to the superior court for a temporary restraining order or preliminary or permanent injunction according to the Arizona rules of civil procedure.
A decision to seek injunctive relief does not preclude other forms of relief or enforcement against the violator.
C. In an action or proceeding arising under this article, a determination that a manufacturer or distributor has manufactured or disposed of a greater quantity of a given grade of product than has been purchased or otherwise acquired shall be prima facie evidence of a violation of this article.
www.azleg.state.az.us /ars/3/00634.htm   (149 words)

  
 M.G.L - Chapter 266, Section 120E   (Site not responding. Last check: 2007-11-04)
A person who knowingly obstructs entry to or departure from such medical facility or who enters or remains in such facility so as to impede the provision of medical services after notice to refrain from such obstruction or interference, may be arrested by a sheriff, deputy sheriff, constable, or police officer.
Any medical facility whose rights to provide services under the provisions of this section have been violated or which has reason to believe that any person or entity is about to engage in conduct proscribed herein may commence a civil action for injunctive and other equitable relief, including the award of compensatory and exemplary damages.
Said civil action shall be instituted either in superior court for the county in which the conduct complained of occurred, or in the superior court for the county in which any person or entity complained of resides or has a principal place of business.
www.mass.gov /legis/laws/mgl/266-120e.htm   (305 words)

  
 [No title]
Section 1964(a) authorizes courts to enter injunctive relief, and Section 1964(b) authorizes only the Attorney General to bring injunctive actions and to obtain temporary injunctive relief.
There is no corresponding provision that authorizes a private party to institute proceedings "under this section" or to seek temporary injunctive relief pending final disposition of a claim.
In light of the precedents construing the Sherman Act, Congress is presumed to be aware when it enacted RICO that, absent inclusion of an express private right to obtain injunctive relief, the language it selected would be construed to exclude such a right.
supreme.lp.findlaw.com /supreme_court/briefs/01-1118/01-1118.mer.ami.usa.html   (7404 words)

  
 State Bar of Georgia - RULE 14-7.1 PROCEEDINGS FOR INJUNCTIVE RELIEF
In accordance with O.C.G.A. § 15-19-58, complaints for civil injunctive relief shall be by petition filed in the Superior Court in which the respondent resides or where venue might otherwise be proper by the State Bar of Georgia in its name.
A demand for relief may be included in the petition but shall not be required.
The order and petition shall be served upon the respondent in the manner provided for service of process by Georgia law, and service of all other pleadings shall be governed by the procedures applicable under Georgia law.
www.gabar.org /handbook/part_xiv_rules_governing_the_investigation_and_prosecution_of_the_unlicensed_practice_of_law/rule_14-71_proceedings_for_injunctive_relief   (825 words)

  
 Federation of Southern Cooperatives Land Assistance Fund
The regulations governing FSA programs must be met in providing injunctive relief to class members.
Injunctive relief falls under two main categories—priority consideration and technical assistance.
If those seeking to use the injunctive relief described in this booklet fail in their efforts, they have several options.
www.federationsoutherncoop.com /ca9501.htm   (1455 words)

  
 Innovative Productions - Complaint for Injunctive and Other Equitable Relief
The Commission is authorized to initiate federal district court proceedings, by its own attorneys, to enjoin violations of the FTC Act in order to secure such equitable relief as may be appropriate in each case, and to obtain consumer redress.
Absent injunctive relief by this Court, defendants are likely to continue to injure consumers and harm the public interest.
Award plaintiff such temporary and preliminary injunctive and ancillary relief as may be necessary to avert the likelihood of consumer injury during the pendency of this action and to preserve the possibility of effective final relief;
www.ftc.gov /os/2000/09/innovcomp.htm   (2183 words)

  
 U.S. District Court for the District of Columbia - Fourth Amended Complaint for Declaratory and Injunctive Relief ...   (Site not responding. Last check: 2007-11-04)
Plaintiffs seek declaratory and injunctive relief to compel the United States Environmental Protection Agency ("EPA" or the "Agency") to take certain statutorily mandated actions, as required by the Federal Food, Drug, and Cosmetic Act ("FFDCA"), the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), and the Administrative Procedure Act ("APA").
A declaratory judgment declaring that it is a violation of the APA for EPA to rely on its policy governing the use of percentiles of exposure in conducting acute dietary risk assessments when establishing or reassessing tolerances or registrations without promulgating the policy as a regulation pursuant to APA § 553.
A declaratory judgment declaring that it is a violation of the APA for EPA to rely on its policy governing the implementation of the FFDCA § 408(b)(2)(C) provisions regarding the use of FQPA safety factors when establishing or reassessing tolerances without promulgating the policy as a regulation pursuant to APA § 553.
www.pestlaw.com /x/courts/amerfarmbureau02.html   (9523 words)

  
 Why might a court refuse injunctive relief?
Persons seeking injunctive relief typically have to show some sense of urgency in order for the court to act.
If you were aware of circumstances for a while and did nothing about it, the court will be inclined to deny your request for injunctive relief.
In another words, if you unreasonably delay in asserting your claim, particularly where the delay has prejudiced the other party, the defense of "laches" is applicable.
www.freeadvice.com /general_practice/legal_remedies/injunctive_relief.htm   (325 words)

  
 Injunctive Relief [NYS-STLC]
The district court must balance these factors against one another and against the extent of the relief sought.
While no one factor, taken individually, is necessarily dispositive, the focus of the analysis is primarily on the first two factors.
When a patent owner prevails on the merits in any patent litigation, as a general rule, a permanent injunction will issue.
nys-stlc.syr.edu /lawlibrary/patent/injunct.aspx   (161 words)

  
 Complaint For Declaratory Judgment And Injunctive Relief   (Site not responding. Last check: 2007-11-04)
Plaintiffs seek a declaratory judgment pursuant to AS 22.10.020(g), and appropriate injunctive relief.
Absent expedited consideration and prompt injunction against enforcement of AS 11.41.120, Plaintiffs will continue to suffer substantial and irreparable harm and their rights will be finally and fully denied before this court can rule.
A declaration that the assisted suicide provision of AS 11.41.120 is invalid under the Alaska State Constitution to the extent that it prevents mentally competent terminally ill individuals from choosing to hasten impending death in a peaceful, human, and dignified fashion by self-administering medications prescribed by their physicians for this purpose.
www.compassionindying.com /legal/complaint.html   (719 words)

  
 Motion for Injunctive Relief
Plaintiffs moves this Honorable Court for injunctive relief, preliminary and permanently, enjoining all defendants from interfering with Plaintiff's rights under a Consent Decree entered into between the plaintiffs and the State of Alabama, et.
That plaintiffs prays for such other, further and different relief to which he may be entitled and for general relief.
I, James R. Blackston, the undersigned, do hereby certify that I have this day served a copy of the Verified Complaint and Motion for Injunctive Relief on all defendants by placing a copy of the same in the United States Mail, postage prepaid and properly addressed on the 12th day of March 1999.
www.fa-ir.org /alabama/cs_inj.htm   (1276 words)

  
 US CODE: Title 42,§ 5412. Noncompliance with standards or defective nature of manufactured home; ...
Noncompliance with standards or defective nature of manufactured home; administrative or judicial determination; repurchase by manufacturer or repair by distributor or retailer; reimbursement of expenses, etc., by manufacturer; injunctive relief against manufacturer for failure to comply; jurisdiction and venue; damages; period of limitation
The value of such reasonable reimbursements as specified in paragraphs (1) and (2) of this subsection shall be fixed by mutual agreement of the parties, or, failing such agreement, by the court pursuant to the provisions of subsection (b) of this section.
Any action brought pursuant to this section shall be forever barred unless commenced within three years after the cause of action shall have accrued.
www.law.cornell.edu /uscode/html/uscode42/usc_sec_42_00005412----000-.html   (213 words)

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