Tag

Preliminary Injunction

All articles tagged with #preliminary injunction

sports1 year ago

NASCAR Teams' Charter Requests Denied in Antitrust Case

A U.S. District Judge denied a preliminary injunction sought by 23XI Racing and Front Row Motorsports, which would have allowed them to compete in 2025 without affecting their antitrust lawsuit against NASCAR. The teams plan to appeal the decision, arguing for a fairer system in NASCAR. The judge ruled that the potential harms cited by the teams were speculative and not immediate, thus not warranting an injunction. The case will proceed on an expedited schedule, with a responsive pleading due by December 2024.

sports1 year ago

"NCAA Halts NIL Investigations Amid Tennessee Controversy"

The NCAA has decided to pause all investigations related to name, image, and likeness benefits for athletes following a preliminary injunction order suspending NIL rules from the Tennessee and Virginia attorneys general's antitrust lawsuit against the NCAA. This decision comes after the NCAA targeted the University of Tennessee in its investigations, prompting the Tennessee attorney general to sue. The NCAA will not penalize conduct consistent with the injunction while it is in place, and foundational NIL policies, such as the prohibition on pay-for-play and direct institutional payment for NIL, will still be enforced.

sports1 year ago

"NCAA Halts NIL Investigations Amid Legal Challenges and Shifting Landscape in College Sports"

NCAA President Charlie Baker has issued updated guidance to schools following a preliminary injunction halting the NCAA's power to prohibit recruits and transfer portal athletes from negotiating their NIL. All NCAA investigations involving third-party NIL collectives have been paused, and the prohibition of pay-for-play, institutional payments, and quid-pro-quo requirements remains in place. The ruling allows booster-funded NIL collectives to communicate with high school recruits and transfer portal players, and the NCAA is working on additional improvements to resolve issues with student-athletes.

sports1 year ago

"NCAA Faces Fallout: NIL Ruling and the Future of College Sports"

Following a preliminary injunction halting the NCAA's power to prohibit recruits and transfer portal athletes from negotiating their NIL, NCAA President Charlie Baker has issued a letter to the membership, expressing plans to convene the Division I Board of Directors and the Board of Governors to discuss next steps. The lawsuit, led by the attorneys general of Tennessee and Virginia, has left the NCAA powerless to govern NIL in college sports, prompting the organization to quickly develop guidance on which rules are enjoined by the court order.

sports1 year ago

"NCAA's NIL Policy Enforcement Barred: Tennessee's Legal Victory Sends Shockwaves Through College Sports"

A preliminary injunction win in Tennessee has left the NCAA with no jurisdiction over the transfer portal or NIL, prompting a shift in college sports. With the NCAA's power waning, institutions and collectives are poised to capitalize on the new landscape, while athletes now have the freedom to negotiate openly. Questions remain about the role of state laws and universities in deals with prospects, but the ruling marks a significant step towards transparency in the NIL space. As collectives prepare to move forward, the focus shifts to strategy and fundraising in this evolving environment.

law-and-politics2 years ago

Judge Blocks California Law Banning Guns in Public

A federal judge has temporarily blocked a California law that would have banned carrying firearms in most public spaces, just over a week before it was set to take effect. The judge stated that the law's coverage is "repugnant to the Second Amendment" and "openly defiant of the Supreme Court." The law was part of California Democrats' efforts to implement gun restrictions following mass shootings. Governor Gavin Newsom expressed disappointment with the ruling and vowed to continue fighting for stricter gun measures. The decision is seen as a victory for the California Rifle and Pistol Association, which had sued to block the law.

legal2 years ago

Judge Temporarily Halts Enforcement of Portland's Daytime Camping Ban

A Multnomah County Circuit Court judge has granted a preliminary injunction to halt the enforcement of Portland's daytime camping ban, which was set to go into effect on November 13. The injunction was filed by attorneys representing five unhoused individuals and will remain in effect until the lawsuit against the ban concludes. The ban, adopted by the Portland City Council in June, would prohibit camping on public property between 8 a.m. and 8 p.m. and impose new restrictions on where people can rest during other hours. The plaintiffs argue that the ban would cause irreparable harm to unhoused individuals and violate the Oregon Constitution. The city maintains that the ban is necessary to address the homelessness crisis and ensure the use of public space for everyone.

sports2 years ago

"Oregon State and Washington State Seek Control of Pac-12 Board in Legal Battle"

Oregon State and Washington State have filed a motion for a preliminary injunction to gain control of the Pac-12 Board, arguing that schools delivering a notice of withdrawal automatically lose their Board seats. The two schools cite evidence obtained through discovery that supports their claim. They believe that all 10 outgoing members should not be Board members and that governance responsibilities should be handed over to the two remaining members. The University of Washington has also filed a motion to join the case as a defendant to defend the interests of the outgoing schools.

lgbtq-rights2 years ago

Montana Judge Halts Ban on Gender-Affirming Care for Trans Youth

A Montana judge has temporarily blocked a law that would ban gender-affirming medical care for transgender minors, ruling that it is likely unconstitutional and would harm the mental and physical health of affected individuals. The preliminary injunction will remain in effect until a full trial can be held, but the judge expects his decision to be appealed to the Montana Supreme Court. Montana is one of 22 states facing lawsuits over similar bans, with some laws temporarily blocked and others allowed to take effect. The banned procedures, such as puberty blockers and surgical treatments, are considered standard care by major medical organizations.

business2 years ago

Court Orders I Do Bridal Owner to Preserve Inventory and Records

A court order has been issued to prevent the owner of I Do Bridal, Tesia M. Lapp, from selling off inventory or destroying records following complaints that many orders were not fulfilled after the sudden closure of her shop. The lawsuit seeks a permanent injunction and customer restitution, with Lapp accused of misrepresentations and deceptive sales. The preliminary injunction also prohibits Lapp from doing business under her previous name, Wendy's Bridal, and requires her to provide records of customer transactions. Lapp is due in court for an initial hearing on October 3.

law-and-politics2 years ago

Indiana Supreme Court Upholds Controversial Abortion Ban, Denies Rehearing and Appeals

The Indiana Supreme Court has denied a request for a rehearing of the abortion ban preliminary injunction, certifying their June decision that the near-total abortion ban signed in August 2022 does not violate the state's constitution. The court's decision, with a 4-1 vote, overturns the preliminary injunction that blocked the ban. The ACLU of Indiana had requested the rehearing, arguing that the right to abortion is protected under the state constitution. The ban, known as Senate Bill 1, prohibits most abortions in the state, with exceptions for cases of serious health risks to the pregnant woman, lethal fetal anomalies, and pregnancies resulting from rape or incest. The decision has immediate effect, and the ACLU of Indiana plans to continue fighting in court to clarify and expand upon the exceptions.

legal2 years ago

US Judge Upholds Florida Law Restricting Chinese and Seven Other Countries from Buying Property

A US judge has declined to block a new Florida law that limits the ability of Chinese citizens to purchase property in the state. The law, which went into effect on July 1, will remain in place while the court case continues. The plaintiffs argue that the law is discriminatory, violates fair housing standards, and is unconstitutional. The lawsuit is supported by the US Justice Department.

politics2 years ago

"Justice Department Seeks Pause on Biden Administration's Social Media Contacts Amidst Court Order"

The Justice Department has requested a federal court to pause its order that limits the Biden administration's communication with social media companies while it appeals the decision. The preliminary injunction, issued by U.S. District Judge Terry Doughty, blocks several top Biden administration officials from engaging in communications aimed at pressuring or inducing the removal of content containing protected free speech. The injunction stems from a lawsuit filed by Republican attorneys general, alleging collusion between senior government officials and social media companies to suppress viewpoints and content, violating the First Amendment. The Justice Department argues that the order is too broad and causes confusion regarding who is temporarily barred from working with social media companies.

legal2 years ago

Federal Court Halts Detroit Father and Son's Tax Return Preparation, Whistleblower Award Case Challenged.

A federal court in Detroit has issued a preliminary injunction against Herman “Eddie” Simmons and Richmond Simmons, and their income tax preparation company, Profile Income Tax Company, for filing tax returns with false and inflated deductions for charitable contributions. The court accused the defendants of engaging in a pattern of willfully claiming false or inflated deductions to understate their clients’ liabilities. The defendants claimed they made "honest mistakes" in the returns, but the judge rejected the argument.