In We the Patriots, et al. v. Grisham, No. 23-2066 (10th Cir. Oct. 28, 2024), the Tenth Circuit dismisses an appeal of the denial of preliminary injunction where, in a different case in the same district, another judge granted the same relief. This is important for cases governed by “prevailing party” fee-shifting statutes, because ifContinue reading “Grant of Preliminary Injunction by One Judge in the District Moots Appeal of Denial of Preliminary Injuction by Another Judge, Holds Tenth Circuit”
Tag Archives: Preliminary Injunction
Appeal Became Moot While Counsel Sought Multiple Briefing Extensions, Holds Sixth Circuit
In Marketing Displays Int’l v. Shaw, No. 23-1028 (6th Cir. Feb. 22, 2024), the Sixth Circuit dryly notes that counsel who were appealing a preliminary injunction allowed it to become moot, in part because they obtained multiple extensions on their briefing schedule. “In life, sometimes it’s better to show up late than not at all.Continue reading “Appeal Became Moot While Counsel Sought Multiple Briefing Extensions, Holds Sixth Circuit”
Order Denying of Preliminary Injunction “For The Reasons Stated on the Record During the . . . Telephone Conference” Insufficient Under Fed. R. Civ. P. 52(a)(2), Holds Fourth Circuit
In Frazier v. Prince George’s Cnty., Md., No. 23-6359 (4th Cir. Nov. 15, 2023), the Fourth Circuit holds that a judge’s denial of a preliminary injunction that merely cites the “reasons stated” during a telephonic hearing does not meet the standard of Fed. R. Civ. P. 52(a)(2), which requires a statement “of the findings andContinue reading “Order Denying of Preliminary Injunction “For The Reasons Stated on the Record During the . . . Telephone Conference” Insufficient Under Fed. R. Civ. P. 52(a)(2), Holds Fourth Circuit”
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 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”
Sixth Circuit Finds Preliminary Injunction Barring a Defendant From “Competing” With Plaintiff, Without Time Limits, Fails the Specificity Requirement of Fed. R. Civ. P. 65(d)
In Union Home Mortg. Corp. v. Cromer, No. 21-3492 (6th Cir. Apr. 6, 2022), in a case involving enforcement of a non-compete covenant, the Sixth Circuit vacates a preliminary injunction against the defendant to bar him from “competing with Union Home,” finding that it was overbroad and “fails to satisfy the specificity requirements of FederalContinue reading “Sixth Circuit Finds Preliminary Injunction Barring a Defendant From “Competing” With Plaintiff, Without Time Limits, Fails the Specificity Requirement of Fed. R. Civ. P. 65(d)”
Tenth Circuit Affirms Preliminary Injunction Under Lanham Act, but “Went Too Far” With Mandatory Provision Requiring Removal of Two Sculptures from School Campus
In The Trial Lawyers College v. Gerry Spence Trial Lawyers College, No. 20-8038 (10th Cir. Jan. 27, 2022), the Tenth Circuit substantially affirms a district court’s preliminary injunction in a dispute between two rival factions at a trial-lawyer school, though it holds the district court abused its discretion by “ordering removal of sculptures bearing theContinue reading “Tenth Circuit Affirms Preliminary Injunction Under Lanham Act, but “Went Too Far” With Mandatory Provision Requiring Removal of Two Sculptures from School Campus”
Fifth Circuit Scales Back Nationwide Injunction of Federal Vaccine Mandate to Just the Fourteen States that Were Named Plaintiffs
In State of Louisiana v. Becerra, No. 21-30734 (5th Cir. Dec. 15, 2021) (per curiam), the Fifth Circuit denies the federal government’s motion to stay a district court’s preliminary injunction barring enforcement of a COVID-19 vaccination mandate for medical providers receiving Medicare or Medicaid funds. But it scales it back from a fifty-state injunction toContinue reading “Fifth Circuit Scales Back Nationwide Injunction of Federal Vaccine Mandate to Just the Fourteen States that Were Named Plaintiffs”
Split Eleventh Circuit Panel Holds That Nationwide Injunction of a Federal Vaccine Mandate in Louisiana Court Does Not Moot Issue of an Emergency Injunction Pending Appeal in Florida, Casting Doubt on Propriety of the Louisiana Court’s Nationwide Order
In a 94-page order about whether to grant the State of Florida an injunction pending appeal of the federal government’s COVID-19 vaccine mandate in hospitals, a split panel in State of Florida v. Dep’t of Health and Human Servs., No. 21-10498 (11th Cir. Dec. 6, 2021), holds that the entry of a “nationwide” injunction ofContinue reading “Split Eleventh Circuit Panel Holds That Nationwide Injunction of a Federal Vaccine Mandate in Louisiana Court Does Not Moot Issue of an Emergency Injunction Pending Appeal in Florida, Casting Doubt on Propriety of the Louisiana Court’s Nationwide Order”
Ninth Circuit Vacates Preliminary Injunction Ordering Los Angeles to House All Local Homeless, Faulting the Lower Court for “Impermissibly Resort[ing] to Independent Research and Extra-Record Evidence.”
In LA Alliance for Human Rights v. County of Los Angeles, No. 21-55395 (9th Cir. Sept. 23, 2021), the panel eviscerated a preliminary injunction won by a group of homeless advocates, holding that the district court made findings based on its own research, based on claims not raised by the plaintiffs. “Nearly one in fourContinue reading “Ninth Circuit Vacates Preliminary Injunction Ordering Los Angeles to House All Local Homeless, Faulting the Lower Court for “Impermissibly Resort[ing] to Independent Research and Extra-Record Evidence.””
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