I had always thought that you need to post a bond in order to obtain an injunction, both in federal and state court. It turns out that I was wrong.
The federal rule seems to require a bond. It says:
(c) Security. The court may issue a preliminary injunction or a temporary restraining order
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 the Judge from entering an injunction that
If you’ve practiced in federal court in North Carolina for any period of time — or anywhere in the Fourth Circuit for that matter — you are familiar with the case of Blackwelder Furniture Co. of Statesville v. Seilig Manufacturing Co., 550 F.2d 189 (4th Cir. 1977), which set out the standard for the
The Court denied the entry of a preliminary injunction in a case involving the dissolution of a law firm. The injunction would have prevented the defendants from distributing to themselves the proceeds from contingent fees cases in which the plaintiffs claimed an interest.
The Court held that "[t]he Plaintiffs have not made a convincing showing that