Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.
Showing posts with label Injunctions. Show all posts
Showing posts with label Injunctions. Show all posts
Federal Circuit: Amgen Inc. v. Apotex Inc.
Patent, Injunctions
Statutory injunction for biosimilar product marketing conflict upheld.
Amgen Inc. v. Apotex Inc.
USA v. State of Washington
Treaties
Culvert construction, by diminishing the number of fish, violates fishing rights terms in treaties with tribes.
Abrogation of treaty rights requires legislation -- agency action doesn't constitute waiver.
State cannot compel FG to limit culvert construction, as it has no standing to assert treaty rights, and the action is barred by sovereign immunity.
Injunction not overbroad -- was a valid exercise of equitable discretion to order state to remedy rather than the FG through the state, since the state held title to the culverts.
USA v. State of Washington
Culvert construction, by diminishing the number of fish, violates fishing rights terms in treaties with tribes.
Abrogation of treaty rights requires legislation -- agency action doesn't constitute waiver.
State cannot compel FG to limit culvert construction, as it has no standing to assert treaty rights, and the action is barred by sovereign immunity.
Injunction not overbroad -- was a valid exercise of equitable discretion to order state to remedy rather than the FG through the state, since the state held title to the culverts.
USA v. State of Washington
Eighth Circuit: Grasso Enterprises v. Express Scripts
ERISA / Injunctions
Issuance of a preliminary injunction mandating compliance with a plan interpretation is not a remedy available to plaintiffs under ERISA.
Pharmacies do not have direct standing under ERISA.
http://media.ca8.uscourts.gov/opndir/16/01/151578P.pdf
Issuance of a preliminary injunction mandating compliance with a plan interpretation is not a remedy available to plaintiffs under ERISA.
Pharmacies do not have direct standing under ERISA.
http://media.ca8.uscourts.gov/opndir/16/01/151578P.pdf
Ninth Circuit: Americans for Prosperity Found v. Kamala Harris
First Amendment - political contributions
Collection of donor information by state Attorney General does not risk chilling of speech, or harassment by the state or the public.
Temporary injunction barring the public disclosure of the information sustained, given the possibility that the information might be subject to mandatory statutory disclosure.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2015/12/29/15-55446.pdf
Collection of donor information by state Attorney General does not risk chilling of speech, or harassment by the state or the public.
Temporary injunction barring the public disclosure of the information sustained, given the possibility that the information might be subject to mandatory statutory disclosure.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2015/12/29/15-55446.pdf
Ninth Circuit: Pacific Radiation Oncology v. The Queen's Medical Center
Injunctions - Important one.
There must be a nexus between the harm alleged in the application for injunction and the claims in the underlying action.
An injunction seeking to bar release of patient records based on federal statute and the state constitution cannot be considered in a fair trade practices case. It's a discovery matter.
"Pled" as past tense in the lede.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2015/12/22/14-17050.pdf
There must be a nexus between the harm alleged in the application for injunction and the claims in the underlying action.
An injunction seeking to bar release of patient records based on federal statute and the state constitution cannot be considered in a fair trade practices case. It's a discovery matter.
"Pled" as past tense in the lede.
https://d3bsvxk93brmko.cloudfront.net/datastore/opinions/2015/12/22/14-17050.pdf
DC Circuit: Food & Water Watch, Inc. v. Thomas Vilsack
Food safety. Article III Standing generally, and for the purposes of an injunction.
Lower court held that there wasn't substantial likelihood of standing for purposes of the injunction, but dismissed the case, so the general threshold of Article III standing governs the appeal. [Apparently, this is a lower threshold.]
Individuals and individual members of associations don't have a concrete and particularized injury, because an increased likelihood of unwholesome poultry carcasses in general has not been established.
The fact that the food safety advocacy would have to step up its advocacy is not an injury in fact for the purposes of organizational standing.
Omission of procedural right insufficient injury.
Concurrence in J - Individuals could simply avoid chickens from the plants in question; organizational injury limited to issue advocacy costs.
Concurrence - Organizational standing and individual standing have grown too disparate.
https://www.cadc.uscourts.gov/internet/opinions.nsf/0F9AADF33503A72F85257F230057317B/$file/15-5037-1589972.pdf
Lower court held that there wasn't substantial likelihood of standing for purposes of the injunction, but dismissed the case, so the general threshold of Article III standing governs the appeal. [Apparently, this is a lower threshold.]
Individuals and individual members of associations don't have a concrete and particularized injury, because an increased likelihood of unwholesome poultry carcasses in general has not been established.
The fact that the food safety advocacy would have to step up its advocacy is not an injury in fact for the purposes of organizational standing.
Omission of procedural right insufficient injury.
Concurrence in J - Individuals could simply avoid chickens from the plants in question; organizational injury limited to issue advocacy costs.
Concurrence - Organizational standing and individual standing have grown too disparate.
https://www.cadc.uscourts.gov/internet/opinions.nsf/0F9AADF33503A72F85257F230057317B/$file/15-5037-1589972.pdf
Subscribe to:
Posts (Atom)