Irreparable Injury

• Nsa Surveillance Struck Down ; U.S. Judge Cites 'Irreparable Injury'

A federal judge in Detroit yesterday ruled that President Bush's domestic terrorist surveillance program is unconstitutional, agreeing with a challenge from the American Civil Liberties Union and a group of lawyers, academics and journalists. The irreparable injury necessary to warrant injunctive relief is clear, as the First and Fourth Amendment rights of plaintiffs are violated" by the surveillance program, said U.S. District Judge Anna Diggs Taylor. "The irreparable injury conversely sustained by defendants under this injunction may be rectified by compliance with our Constitution.

• The Washington Times
• August 18, 2006

• The irony of immunity: the Eleventh Amendment, irreparable injury, and Section 1983.

INTRODUCTION There's a famous story about a sign outside a fishmonger's shop saying "Fresh Fish Sold Here." A grammarian persuades the owner to eras...

• Stanford Law Review
• Vol. 53 Nbr. 5, May 2001

• Does eBay Unravel Trademark's Presumption Of Irreparable Injury?

When seeking a preliminary injunction against trademark infringement, trademark owners have enjoyed a presumption of irreparable harm once they were a...

• Mondaq Business Briefing
• United States Law Articles in English

• Ex Parte Cease and Desist and Summary Seizure Orders-Multiple Employer Welfare Arrangements

This document contains two proposed rules under the Employee Retirement Income Security Act of 1974 (ERISA) to facilitate implementation of new enforcement authority provided to the Secretary of Labor by the Patient Protection and Affordable Care Act (Affordable Care Act). The Affordable Care Act authorizes the Secretary to issue a cease and desist order, ex parte (i.e. without prior notice or hearing), when it appears that the alleged conduct of a multiple employer welfare arrangement (MEWA) is fraudulent, creates an immediate danger to the public safety or welfare, or is causing or can be reasonably expected to cause significant, imminent, and irreparable public injury. The Secretary may also issue a summary seizure order when it appears that a MEWA is in a financially hazardous condi...

• Federal Register Nbr. 76 FR 76235, December 06, 2011
• Proposed rules
• Labor Department

• Does eBay Unravel Trademark's Presumption Of Irreparable Injury?

When seeking a preliminary injunction against trademark infringement, trademark owners have enjoyed a presumption of irreparable harm once they were a...

• Mondaq Business Briefing
• Nbr. 2008, March 2008

• Columbiana v. J & J Car Wash, Inc., (Ohio 2005)

C. 713.13; Violation of zoning ordinance of municipal corporation; Rules for granting injunction do not apply to statutory injunction; Where statute grants remedy of injunction, movant need not show irreparable injury is about to occur for which he has no adequate remedy at law; Title of ordinance not substantive law for determining plain language; Ordinance requiring application for city water if building is near water main is ambiguous as to whether private well is permitted in determining legislative intent court can consider title of ordinance, city's interpretation and tradition of use can be considered; Object of ordinance and consequences are factors.

• Ohio Supreme Court

• Irreparable Injury

Any harm or loss that is not easily repaired, restored, or compensated by monetary damages. A serious wrong, generally of a repea...

• West's Encyclopedia of American Law
• Fri–Jam

• Cigarette Makers Sue to Block New Graphic Warnings

Can Uncle Sam legally force tobacco companies to put images of corpses, diseased body parts and tracheotomy patients on their cigarette packages? Attorneys for five tobacco companies told a federal judge Wednesday that such radical "rebranding" was unconstitutional and costly, and would cause them irreparable injury.

• The Washington Times
• September 22, 2011

• States of Contention Over Immigration ; Arizona Stands Tall On the Border While Foggy Bottom Wilts

The Obama administration's lawsuit challenging the constitutionality of Arizona's controversial S.B. 1070 (its state Senate bill number) will be heard Thursday in federal court in Phoenix. The Justice Department asserts that this state statute, touching on immigration, is pre-empted and its enforcement should be enjoined, partially because it "will inflict irreparable injury on the United States' ability to manage foreign policy. The issue of pre-emption is complicated, and we will not try to resolve it. What intrigues us, however, is that S.B. 1070 is not a state statute purposefully contrary to U.S. foreign policy, such as Massachusetts' Burma sanctions, struck down by the Supreme Court. Instead, S.B. 1070 attempts to fill a gap left by what Arizonans consider to be lax federal enfor...

• The Washington Times
• July 21, 2010

• Adequate Assurance and Anticipatory Repudiation in the Supply Chain

Savvy credit professionals know that the Uniform Commercial Code (UCC) provides remedies for sellers designed to protect them from a buyer who may not be able to pay. The actual drama caused by the invocation of two of these remedies, adequate assurance and anticipatory repudiation, was illustrated in a recent dispute and subsequent court decision involving American Axle & Manufacturing Inc and Republic Engineered Products Inc. The decision rendered in a Michigan state court ruling illustrates the possible outcome of asserting buyers rights under the UCC. The court noted that the initial response by American Axle contained conclusory statements that did not provide adequate assurance that it would be able to pay for the past due or even future invoices. In determining whether Americ...

... seeking the injunction will suffer irreparable injury if the injunction is not issued; (iii) the ...

• Business Credit
• Vol. 111 Nbr. 7, July 2009