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Preliminary Injunction Reinstating Contract Ordered By Business Court

It's not every day that you see a "mandatory injunction," In fact, Judge Jolly said last Friday that such an injunction was "rare and generally disfavored as an interlocutory remedy," in Bayer Cropscience LP v. Chemtura Corp. , 2012 NCBC 40. Op. ¶22. But that didn't stop...

You Need All Your Ducks In A Row To Prove Default Under A Security Agreement

The Plaintiff in Kreich, Inc. v. Tarheel Publishing Co . thought he had all of his ducks in a row for summary judgment and a preliminary injunction. But he didn't. Defendant was in serious default under promissory notes given in connection with its acquisition of the Plaintiff's interest in...

Two Things You Should Know If You Are Appealing a Preliminary Injunction on a Covenant Not to Compete

If you are representing a client who has been subjected to an injunction enjoining him from violating a covenant not to compete, and you want to appeal, there are two things you ought to know. One is good for you, the other probably is not so good. They were pointed out in Judge McGuire's unpublished...