…issue, at least (although T-Mobile does rely on a federal statute that specifically provides for hearing and deciding such actions “on an expedited basis” but that does not, by itself, equate to authority to issue injunctive relief))? A Different Kind of Coverage Dispute…T Mobile v Brooklyn Park … Continue reading
…on, D.C.), suggested that there has never been a case such as this in which a court ordered divestiture. Moll also pointed out that plaintiffs had extensive discovery in connection with their threshold motion for preliminary injunctive relief. Again in this case, as in now thousands of cases in the federal system, the Iqbal/Twombly pleading standard has been invoked and shows a dramatic ratcheting up of the required detail and specificity of pla… Continue reading
…sfactory economic benefit through the contractual arrangement because it was not earning profit on those accountholders who have an 800 or greater FICO credit score.” Gander Mountain sues for breach of contract and for injunctive relief. The complaint alleges (concedes?), “World Financial was required [(allowed to?)] to grant or deny requests for credit based upon its own established criteria.” How Gander Mountain will prove … Continue reading
The concept of “justice delayed is justice denied” is ancient. But what does this broadly accepted generality mean in any particular case? In civil litigation, there are three general time-frames: (1) “emergency” — this is what temporary restraining orders are for; (2) “let’s cut to the chase” — that is, getting a decision or remedy short of trial, and that is what preliminary injunctive relief or sum… Continue reading