News & Analysis as of

Injunctive Relief

Cozen O'Connor

Change Healthcare Faces Nebraska Lawsuit After Cyberattack

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Nebraska AG Mike Hilgers filed a lawsuit against Change Healthcare Inc. and its owners and operators (collectively, “Change”)—which provide a data clearinghouse used by healthcare providers, pharmacies, and insurers—alleging...more

Cozen O'Connor

Texas Brings Latest Lawsuit Against PFAS Manufacturers

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Texas AG Ken Paxton filed a lawsuit against 3M, DuPont de Nemours, Inc., and associated entities for alleged violations of state consumer protection laws related to contamination caused by per- and polyfluoroalkyl substances...more

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2024

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Following our annual tradition — which started over a decade ago — we are analyzing the year's 10 most significant whistleblower and retaliation events. As you'll see, in 2024, actions taken by a range of courts and...more

Kohrman Jackson & Krantz LLP

Subsurface Trespass Risks: Insights from an Ohio Appellate Court Ruling

The Ohio Seventh District Court of Appeals recently delivered its opinion in Triad Hunter, LLC v. Eagle Natrium, LLC, affirming significant jury awards for Triad Hunter, a natural gas producer, in a dispute over brine cavern...more

Snell & Wilmer

Ninth Circuit Upholds Tribal Court Jurisdiction in Lexington Insurance Dispute

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In Lexington Insurance Co. v. Mueller, the Ninth Circuit Court of Appeals affirmed the district court’s decision regarding the jurisdiction of the Cabazon Reservation Court in a dispute between Lexington Insurance Company and...more

McGlinchey Stafford

The CFPB’s Credit Card Late Fee Rule Appears Doomed

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On December 6, 2024, the United States District Court for the Northern District of Texas denied a motion by the Consumer Financial Protection Bureau (CFPB) to dissolve a preliminary injunction that had enjoined its Credit...more

Proskauer - Labor Relations Update

Federal District Court in D.C. Strikes Down Removal Protections for ALJs

The continued legal challenges to the constitutionality of certain aspects of the National Labor Relations Board (“NLRB”) and National Labor Relations Act (“NLRA”) took a potentially significant turn in a decision issued by...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Alleged Indirect Trespass/Nuisance: Southern Environmental Law Center Limestone County, Alabama Circuit Court Action Addressing...

The Southern Environmental Law Center (“SELC”) filed a December 9th Complaint for Injunctive Relief (“Complaint”) in the Circuit Court of Limestone County, Alabama on behalf of: New Beginnings Covenant Ministries. The...more

Farrell Fritz, P.C.

Fact Issues and Credibility Determinations on Injunction Motions

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Almost exactly one year ago, we wrote about the go-to line of New York case law for business divorce litigants hoping to secure injunctions: a substantial and ever growing body of authority holding that involuntary loss or...more

Ballard Spahr LLP

FTC takes action against small business lender Seek Capital

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The FTC filed a complaint in the U.S. District Court for the Central District of California against Seek Capital and its CEO, Roy Ferman, alleging that the company operated a bogus business finance scheme that cost small...more

Seward & Kissel LLP

Employment Litigation Roundup: November 2024

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In May 2024, two TD Bank entities (“TD Bank”) sued two former employees and their new employer Raymond James Financial Services, Inc. and one of its subsidiaries (together, “Raymond James”) in Connecticut federal court,...more

Proskauer - Labor Relations Update

Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance

For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025....more

BCLP

Cold Comfort: Court of Appeal takes a Chill Approach to Freezing Injunctions

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The Court of Appeal has clarified the requirements to be satisfied before obtaining a freezing injunction, affirming an attainable merits threshold is to be preferred over a more stringent alternative. Any perceived tilt in...more

Proskauer Rose LLP

Three Point Shot - November 2024

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Ninth Circuit Does Flip Turn, Reversing Antitrust Case Against World Aquatics - In a decision that is making waves through the world of competitive swimming, the Ninth Circuit reversed a California district court’s grant...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Action/Clean Water Act: Los Angeles Waterkeeper Files Judicial Action Addressing California Railroad...

Los Angeles Waterkeeper (“Waterkeeper”) filed a November 18th Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Compliant”) against Union Pacific Railroad Company (“Union Pacific”) in the United States...more

Proskauer - Whistleblower Defense

Third Circuit Refuses to Enforce Preliminary Reinstatement Order Issued By OSHA

On October 15, 2024, the U.S. Court of Appeals for Third Circuit declined to enforce a preliminary reinstatement order issued by OSHA in favor of two purported whistleblowers under SOX, holding that the former employees lost...more

Jackson Lewis P.C.

Federal Contractors in Flux: Ninth Circuit Finds President Biden Can’t Mandate Minimum Wage Under EO 14026

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The U.S. Court of Appeals for the Ninth Circuit has vacated an Arizona federal court’s decision denying a request by several western states to enjoin President Joe Biden’s executive order increasing the minimum hourly wage...more

MoFo Life Sciences

Patent Vs. Trade Secret Considerations For Cell And Gene Therapies

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Understanding what to patent versus what to keep as a trade secret is an increasingly important and challenging decision facing companies developing biologics products, such as cell and gene therapies, where technologies are...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Flow/Adjacent Properties: Complaint Filed in Lonoke, Arkansas Circuit Court Seeking Injunctive Relief/Damages

Cedar Lake Estates, LLC, Robert Dunn, John Belden, and Jeff Evans (collectively, “Plaintiffs”) filed a November 8th Complaint against Leruss Holdings, LCC (“LH”) alleging damages. See Case No. 43CV-24-1070....more

Dechert LLP

Federal Preemption and OTC Drug Efficacy: Lessons from the Phenylephrine MDL

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New decision from the District Court for the Eastern District of New York finds that the FDA has exclusive authority to determine whether OTC drugs are effective. Court found that manufacturers of OTC drugs do not have an...more

Lathrop GPM

Florida Federal Court Finds Extension of Injunction Necessary to Protect Franchisor Rights

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A federal court in Florida recently held that extending a consent injunction was necessary to protect the interests of a franchisor. Tri-Cnty. Mobile Wash, Inc. v. B&C Wash Corp., 2024 WL 4379673 (S.D. Fla. Oct. 3, 2024)....more

Cozen O'Connor

FTC Accuses Cash-Advance App of Misleading Consumers

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The FTC has filed a lawsuit against online cash advance app Dave, Inc. alleging that it misled consumers about cash advances and fees in violation of the FTC Act and the Restore Online Shoppers’ Confidence Act....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Actions/Clean Water Act: Arkansas and 24 Other State Attorney Generals File Amicus Brief in Support of Writ of...

The Arkansas and 24 other State Attorney Generals (collectively, “Amici Curiae”) filed on October 28th an Amicus Brief supporting a Petition for a Writ of Certiorari to the United States Supreme Court to address a Clean Water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS/Wastewater Enforcement: Michigan Attorney General Files Judicial Action Against White Pigeon Paper Board Mill for Alleged...

The Michigan Attorney General (“AG”) filed a Complaint in the Michigan Circuit Court for the 30th Judicial Circuit against Ox Paperboard WP, LLC (“Ox”) and White Pigeon Mills, LLC (“White Pigeon”) for alleged violations of a...more

Lewitt Hackman

Franchisee 101: Kicking Injunctions to the Curb

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A Kansas district court denied a franchisor’s motion for preliminary injunction against its former franchisee who engaged in competing businesses immediately after terminating the franchise relationship....more

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