In In re Greg Abbott, No. 24-50620 (5th Cir. Sept. 20, 2024), the Fifth Circuit denies mandamus in a case where Texas unsuccessfully demanded for a jury trial in a suit by the United States to remove a 1000-foot border obstruction. The panel holds that the state has no demonstrated Seventh Amendment right to aContinue reading “State of Texas Has No Seventh Amendment Right to a Jury Trial for Border Barrier Defense, Holds Fifth Circuit”
Tag Archives: Injunction
D.C. Circuit Vacates “Sledgehammer” Pre-Filing Injunction Against Frequent Filer That Applied to Every Court in the Nation
In Klayman v. Porter, No. 22-7123 (D.C. Cir. June 11, 2024), the D.C. Circuit strikes down the sanction of “restricting [plaintiff]’s ability to file any related actions or claims for relief in any forum, state or federal,” citing prudential and constitutional limits to federal equitable power. “In recent years, the District of Columbia Bar’s OfficeContinue reading “D.C. Circuit Vacates “Sledgehammer” Pre-Filing Injunction Against Frequent Filer That Applied to Every Court in the Nation”
Federal Equitable Power Did Not Extend to Returning Seized Cell Phone to “My Pillow” CEO, Holds Eighth Circuit
In Lindell v. United States, No. 22-3510 (8th Cir. Sept. 23, 2023), the Eighth Circuit affirms a district court’s denial of a preliminary injunction to MyPillow, Inc. and its Chief Executive Officer Michael Lindell to return “Lindell’s cell phone that was seized by federal agents on September 13, 2022.” The panel splits, though, on whetherContinue reading “Federal Equitable Power Did Not Extend to Returning Seized Cell Phone to “My Pillow” CEO, Holds Eighth Circuit”
Split Second Circuit Panel Holds That A Non-Party Is In “Active Concert or Participation” Under Fed. R. Civ. P. 65(d) Only If They Intend to Benefit or Assist an Enjoined Party
In Havens v. James, No.20-664_(2d Cir. Aug. 4, 2023), a split Second Circuit panel holds that under Fed. R. Civ. R. 65(d)(2), that for a non-party to be subject to an injunction as acting in “active concert or participation,” they must act with the purpose of benefiting or assisting an enjoined party. The panel majorityContinue reading “Split Second Circuit Panel Holds That A Non-Party Is In “Active Concert or Participation” Under Fed. R. Civ. P. 65(d) Only If They Intend to Benefit or Assist an Enjoined Party”
Fifth Circuit Panel Splits Three Ways on Effect of Cessation of Navy COVID-19 Vaccine Mandate on Appellate Jurisdiction
Other federal courts of appeals have had little difficulty concluding that the end of the military’s COVID-19 vaccine mandate – as legislated in the James M. Inhofe National Defense Authorization Act (NDAA) in 2022 –renders moot all pending litigation concerning injunctive relief from the rule. Just yesterday, the Tenth Circuit in Robert v. Austin, No.Continue reading “Fifth Circuit Panel Splits Three Ways on Effect of Cessation of Navy COVID-19 Vaccine Mandate on Appellate Jurisdiction”
Split Fourth Circuit Panel Holds That Fed. R. Civ. P. 52 and 65 Standards for Injunctive Relief Applied to Prohibitory Order Enforcing Settlement Agreement
In Wudi Industrial (Shanghai) Co., Ltd. v. Wai Wong, No. 22-1495 (4th Cir. June 5, 2023), a 2-1 panel of the Fourth Circuit holds that the district court procedurally erred when it ordered a party to a settlement to “immediately cease” certain conduct prohibited by their agreement, holding that the judge was obliged to enterContinue reading “Split Fourth Circuit Panel Holds That Fed. R. Civ. P. 52 and 65 Standards for Injunctive Relief Applied to Prohibitory Order Enforcing Settlement Agreement”
Fifth Circuit Panel Divides Over Issuance of a Foreign Anti-Suit Injunction in Jones Act Case, Noting the Circuit’s “Permissive” Approach Favoring Such Relief
In Ganpat v. Eastern Pacific Shipping PTE, No. 22-30168 (5th Cir. Apr. 28, 2023), the Fifth Circuit divides over whether the district court abused its discretion in issuing an anti-suit injunction to bar litigation of a sailor’s personal injury action in India. “Kholkar Vishveshwar Ganpat, a citizen of India, worked as a crew member onContinue reading “Fifth Circuit Panel Divides Over Issuance of a Foreign Anti-Suit Injunction in Jones Act Case, Noting the Circuit’s “Permissive” Approach Favoring Such Relief”
Parents of Children with Disabilities Obtain Conflicting Standing Rulings in the Fourth and Eighth Circuits While Challenging State Mask-Mandate Bans in Schools
Two circuits reach different results on standing to bring an injunctive action against the governors of states that banned local school districts from imposing COVID-19 pandemic mask-mandates for students and staff. In both cases, parents and associations challenged the state-level bans under federal statutory law: the Americans with Disabilities Act (ADA) and the Section 504Continue reading “Parents of Children with Disabilities Obtain Conflicting Standing Rulings in the Fourth and Eighth Circuits While Challenging State Mask-Mandate Bans in Schools”
Just in Time for Halloween, Fifth Circuit Reanimates Challenge to “Zombie” Law
In Pool v. City of Houston, No. 19-20828 (5th Cir. Oct. 23, 2020), the Fifth Circuit holds that the district court had subject-matter jurisdiction to consider a constitutional challenge to a petitioning ordinance deemed unconstitutional 20 years earlier and arguably no longer enforced. “It is often said that courts ‘strike down’ laws when ruling themContinue reading “Just in Time for Halloween, Fifth Circuit Reanimates Challenge to “Zombie” Law”
An Intervening Change in Law Nearly Always Warrants Modification of Injunction, Holds Ninth Circuit
In State of California v. EPA, No. 19-17480 (9th Cir. Oct. 22, 2020), the Ninth Circuit holds that the district court abused its discretion by denying the Environmental Protection Agency’s motion for relief from a court-imposed deadline under Fed. R. Civ. P. 60(b)(5), owing to an intervening change in the regulations. In so holding, theContinue reading “An Intervening Change in Law Nearly Always Warrants Modification of Injunction, Holds Ninth Circuit”
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