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16 Jul 2012, 11:33 am by Mack Sperling
Judge Jolly agreed, relying on North Carolina federal court rulings that harms such as the loss of "customer goodwill" and "competitive positions, including threatened loss of market share and threatened loss of existing and potential customers" are types of injuries that satisfy the irreparable harm requirement. [read post]
9 Mar 2017, 5:22 pm by Joseph Stacey
The punitive damages claim was based on the precedent setting 2009 Supreme Court of the United States ruling in Atlantic Sounding v. [read post]
2 Feb 2021, 3:01 am by Dennis Crouch
  However, the rules limit the court’s ability to act and at least require an “affidavit or a verified complaint” stating particular facts which  “clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition. [read post]
28 Apr 2017, 5:20 am by The Public Employment Law Press
Determining an appropriate disciplinary penalty "under the circumstances"King v New York State Off. of Alcoholism and Substance Abuse Servs., 2017 NY Slip Op 03098, Appellate Division, Third DepartmentFigueroa v New York State Off. of Alcoholism and Substance Abuse Servs., 2017 NY Slip Op 03104, Appellate Division, Third DepartmentAs the Court of Appeals explained in Pell v Board of Education of Union Free School District No. 1 of Towns of… [read post]
4 Jul 2013, 8:00 am by Mark S. Humphreys
The Mead Court stated, "in an action for breach of contract, actual damages may be recovered when loss is the natural, probable, and foreseeable consequence of the defendant's conduct." [read post]
3 Nov 2009, 3:41 am
""It is undisputed that Goidell failed to bring a federal or state action against Stephens on the plaintiff's behalf before the statute of limitations applicable to the employment discrimination claim expired. [read post]
17 Apr 2007, 6:12 pm
I'm not going to do an in depth analysis of yesterday's Cal Supremes decision in Murphy v. [read post]
20 Apr 2007, 6:00 am
In a new and interesting working paper, Ilya Somin (George Mason) examines the political backlash against the Supreme Court decision in Kelo v. [read post]