415 results for 'cat:"Injunction"'.
J. Ede reverses the district court's grant of an injunction to opponents of the Minneapolis 2040 plan in their Minnesota Environmental Rights Act suit against the city challenging the plan's implementation. The district court abused its discretion in ordering injunctive relief, namely a reversion to the city's 2030 plan, that was unsupported by evidence in the record, was based on legal error, and imposed an unnecessary hardship on the city. Reversed.
Court: Minnesota Court Of Appeals, Judge: Ede, Filed On: May 13, 2024, Case #: A23-1382, Categories: Environment, Municipal Law, injunction
J. Guerra finds that the trial court properly granted an amended temporary injunction in an action over the alleged violation of a non-compete agreement. The injunction, which forbids the nurse practitioner from working as a nurse practitioner in a medical environment within a 20-mile radius of the business that she sold. There is sufficient evidence that the nurse practitioner has caused irreparable harm by working within one mile of her former business and diverting her patients to her new practice. Affirmed.
Court: Texas Courts of Appeals, Judge: Guerra, Filed On: May 9, 2024, Case #: 01-23-00482-CV, Categories: Contract, injunction
J. Tunheim denies the subcontractor's motion for a preliminary injunction in its action seeking relief from participating in arbitration in a dispute related to two purported contracts. The subcontractor's contention that its president's signature was forged on one of the contracts is "too flimsy" to establish a likelihood of success on the merits of its claims, and metadata suggesting that, as it claims, a document in the second contract was improperly backdated is better supported but still insufficient to establish a likelihood of success on the merits. The subcontractor has also failed to establish that it risks irreparable harm absent an injunction, and the balance-of-harms and public-interest factors are both neutral.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 8, 2024, Case #: 0:24cv585, NOS: Other Contract - Contract, Categories: Fraud, Contract, injunction
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J. Means finds that county commissioners who established a regulation limiting electioneering on county property during elections have not violated a conservative group’s right to freedom of speech. The county property that is restricted by the regulation is not a traditional public forum and the county’s restrictions target electioneering activity broadly and are not designed to suppress a particular view. The conservative group’s request for a preliminary injunction is denied.
Court: USDC Northern District of Texas , Judge: Means, Filed On: May 7, 2024, Case #: 4:24cv328, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, injunction
J. Pitman denies an entrepreneur’s motion to vacate a temporary injunction after she was sued by her former business partner, who accused her of misappropriating company assets, including a professional Instagram account, to create a competing personal development company. The woman being sued argued she had not received proper service about the injunction, but this court “will not dissolve the [injunction] in this case based on the incorrect argument that service of process is a prerequisite.”
Court: USDC Western District of Texas , Judge: Pitman, Filed On: May 7, 2024, Case #: 1:24cv382, NOS: Other Contract - Contract, Categories: Contract, injunction
J. Peterson finds in favor of the farm equipment retailer in a lawsuit it filed asking for an injunction to block the tractor manufacturer from terminating the retailer's dealership agreement due to lagging sales in its Wisconsin market share. The retailer has shown a likelihood of success on the merits under Wisconsin's Fair Dealership Law and potential irreparable harm to its business if the dealership agreement is terminated while the lawsuit is pending, so it is entitled to a preliminary injunction. The manufacturer is enjoined from terminating the agreement, but the parties will be given until April 26, 2024, to submit briefs making arguments for the proper amount of bond the retailer should put up to secure the injunction, in part because the manufacturer's ask for a $2.4 million bond is based on projected losses that are not credible.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: May 7, 2024, Case #: 3:24cv23, NOS: Other Contract - Contract, Categories: Contract, injunction
J. Willett grants the chamber of commerce's petition for a writ of mandamus challenging the district court's denial of a preliminary injunction. The chamber calls into question a final rule issued by the Consumer Financial Protection Bureau decreasing the safe harbor amount for charging credit card late fees. The chamber had a short window of time to comply with the rule or seek the injunction. The court’s inaction amounted to an effective denial of the injunction. The district court also lacked jurisdiction to transfer the case after this appeal was docketed.
Court: 5th Circuit, Judge: Willett , Filed On: May 3, 2024, Case #: 24-10266, Categories: Commerce, Banking / Lending, injunction
J. Holmes finds that the lower court properly denied a request to preliminarily enjoin a new rule from the Department of Labor that requires federal contractors to pay their employees a $15 minimum wage. The groups challenging the new rule have not shown they are likely to prevail on the merits of their claims, given that the rule was issued with proper authority and was not an arbitrary move from the Department of Labor. Affirmed.
Court: 10th Circuit, Judge: Holmes, Filed On: April 30, 2024, Case #: 22-1023, Categories: Labor, injunction
J. Cruz finds a lower court properly denied the Arizona Creditors Bar Association's motion for permanent injunction challenging the newly passed Predatory Debt Collection Act aka Proposition 209. The Arizona Creditors Bar Association argued that the Act should be voided based on vagueness. However, the state voters sufficiently showed in court that the Act protects consumers with medical debt from facing bankruptcy, as well as a cap on property subject to debt collection.
Court: Arizona Court Of Appeals Division One, Judge: Cruz, Filed On: April 30, 2024, Case #: 1 CA-CV 22-765, Categories: Debt Collection, Government, injunction
J. Pirtle finds the county court properly dissolved the temporary restraining order preventing demolition of the property. The homeowner was issued a notice of property violations, and the restraining order was implemented pending resolution of litigation. The owner’s witness was found to not be credible, while the city’s witnesses were found to be credible. The multiple violations, pending for several years, had not been resolved. The owner also failed to demonstrate it lacked an adequate remedy at law. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 30, 2024, Case #: A-23-680, Categories: Administrative Law, Municipal Law, injunction
J. Carson finds that the lower court properly issued a preliminary injunction against a school district after it sought to restrict an advocate's access to school district facilities and volunteer work. The school district issued the restrictions after the advocate criticized certain people in the district and wanted change, but his criticisms fell under the protections of the First Amendment. The school district's actions against him, as a result, constituted retaliation against free speech. Affirmed.
Court: 10th Circuit, Judge: Carson , Filed On: April 30, 2024, Case #: 23-1000, Categories: Education, First Amendment, injunction
J. Murphy finds that the lower court properly denied a preliminary injunction request from a group looking to challenge a new Colorado law that requires certain language disclosures for ballot measures that contain a tax-related change. The group says that the mandated language in the ballot titles is unconstitutionally compelling its political speech, but they are not likely to succeed on the merits of their claims. The law governing the titles for the ballot measures falls under government speech that is not intended to represent any expressions or feelings from the ballot's proponents, leaving it protected under the law. Affirmed.
Court: 10th Circuit, Judge: Murphy, Filed On: April 26, 2024, Case #: 23-1282, Categories: Constitution, Tax, injunction
J. Oxley finds that a construction company was improperly awarded restitution after prevailing in claims concerning the construction of a children's hospital at the University of Iowa because other more appropriate avenues for perusing reimbursement existed after the lower court overturned an injunction awarded to the university. Reversed in part.
Court: Iowa Supreme Court, Judge: Oxley, Filed On: April 26, 2024, Case #: 23-0239, Categories: Contract, injunction
J. Graham grants, in part, the cell tower operator's motion for summary judgment, ruling the property owner's placement of a padlock on the gate to bar access to the cell tower is undoubtedly a breach of the parties' lease agreement, while the potential loss of cell service or subscribers is sufficient to prove damages. Therefore, the tower operator is entitled to an injunction to require the property owner to remove the padlock and allow unfettered access to the tower.
Court: USDC Southern District of Ohio, Judge: Graham, Filed On: April 25, 2024, Case #: 2:23cv764, NOS: Other Contract - Contract, Categories: Property, Contract, injunction
J. Osteen denies a retired businessman’s motion for preliminary injunction against the U.S. Department of Agriculture to prevent it from enforcing the Horse Protection Act against him. The department claims the businessman violated the Act when he entered his own horse into a Virginia horse show when the horse was sored, or exposed to harmful chemicals in order to make the horse produce a more desirable gait. The businessman denies that he sored the horse and contests the process by which he was accused. Because one of the department’s judicial officers, and not its secretary, filed the complaint against the businessman, he incorrectly believes this delegitimizes the process and demands a jury trial. He is not likely to succeed on the merits and his motion is therefore denied.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: April 24, 2024, Case #: 1:24cv175, NOS: Other Statutory Actions - Other Suits, Categories: Agriculture, Constitution, injunction
J. Bradberry finds that the trial court improperly denied the contractor's motion for a preliminary injunction against the construction company in their dispute about the arbitration clause in their contract. There are several indicators that the contract and the construction company did not fully finalize the disputed subcontract, and the trial court wrongfully held that the contractor's estimator had the authority to bind the contractor to the subcontract. Reversed.
Court: Louisiana Court Of Appeal, Judge: Bradberry, Filed On: April 24, 2024, Case #: CA-23-557, Categories: Arbitration, Contract, injunction
J. Thierry finds that the trial court improperly granted the landowners a preliminary mandatory injunction against the mineral lessee regarding their dispute over a right-of-way agreement for the property. The Louisiana Supreme Court ruled that a preliminary mandatory injunction is not an available form of relief in the state, and neither the landowners nor the mineral lessee stipulated to consolidate the preliminary injunction hearing and the permanent injunction hearing. Vacated.
Court: Louisiana Court Of Appeal, Judge: Thierry, Filed On: April 24, 2024, Case #: CA-23-326, Categories: Property, injunction
J. Heytens finds the lower court improperly granted summary judgment to the state on a Title IX claim. The state claimed its law establishing that athletic teams or sports designated for females, women or girls shall not be open to students of the male sex, defined as an individual whose biological sex determined at birth is male, didn't violate Title IX because it gave the eight-grade transgender girl the option to still participate in sports so long as it was with the boys team. Requiring the girl to countermand her social transition, her medical treatment and all the work she has done with her schools, teachers and coaches for nearly half her life by introducing herself to teammates, coaches and even opponents as a boy is unreasonable. Reversed.
Court: 4th Circuit, Judge: Heytens, Filed On: April 16, 2024, Case #: 23-1078, Categories: Civil Rights, Education, injunction
J. Settle denies the state's motion for reconsideration of the court's prior order denying in part the state's bid for dismissal of a challenge to HB 1470, which requires a slew of rules and regulations for private detention facilities that appear to place a burden on the Northwest Detention Center. The state does not show any manifest error that the court made during its ruling, and it once again does not state the similarities between detention centers and residential treatment facilities that might question the ruling. Also, the preliminary injunction against the Department of Health and the Department of Labor and Industries holds, because both are appointed by and serve the governor.
Court: USDC Western District of Washington, Judge: Settle, Filed On: April 15, 2024, Case #: 3:23cv5626, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, injunction