In its complaint, the CFTC sought injunctive relief, restitution, disgorgement of ill-gotten gains, and civil monetary penalties.
There will likely be small monetary damages and an award of injunctive relief to prevent future sales.
The agreement eliminates the need for any further court proceedings or decisions relating to damages or injunctive relief.
For example, the Court could uphold certification and allow for injunctive relief but not back pay or punitive damages.
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In a court filing, Judge Spencer said he would soon hold hearings on issues of injunctive relief and appropriate damages.
Forcing competitors to spend money on legal fees and extracting damages for infringement bring limited satisfaction compared to injunctive relief.
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Plaintiff lawyers were careful to structure the case as one seeking injunctive relief, or a court order changing the practices they object to.
Simply stated, ParkerVision is seeking unspecified damages and injunctive relief for infringement of various patents related to RF receivers and the down-conversion of electromagnetic signals.
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However, laches may or may not defeat claims for injunctive relief.
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Paulson therefore provides not just an opportunity for an urgently needed constitutional ruling and injunctive relief with respect to the U.S. government's submission to Shariah.
Femenia and his accomplices were charged with violations of federal securities laws, and the SEC is seeking injunctive relief, disgorgement of ill-gotten gains, and civil monetary penalties.
Meanwhile, the uncertainty engendered by delayed enforcement and the curtailment of injunctive relief further erodes the value of patents and complicates, rather than eases, the process of economic development.
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Thus, the SEC, in addition to administrative sanctions, has access to the civil courts to seek injunctive relief, disgorgement, and even civil fines, in addition to other ancillary equity-like relief.
Dewey said the Ninth Circuit allowed the plaintiff lawyers to sidestep a number of onerous provisions of class action law by certifying the class under a provision providing for injunctive relief.
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So here Apple suggests that Motorola lay down its standard essential patents and the injunctive relief they offer, worldwide, while Apple still gets to use its weapons and shoot at will?
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Because the ruling was declarative rather than injunctive, there is no immediate impact and none is expected until the question lands at the Supreme Court where the matter will be finally decided.
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The SEC charged Dardenwith a single violation of the Securities Exchange Act of 1934, and sought injunctive relief, disgorgement of all ill-gotten gains (with interest), civil monetary penalties, and any other appropriate relief.
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In addition to damages, the plaintiffs sought injunctive relief under this and other statutes to shut down CAIR and to prevent the individual defendants from engaging in public interest legal work in the future.
The majority in the Ninth Circuit agreed, dismissing the enormous potential damages of back pay and statutory penalties to say the main objective of the case is to obtain injunctive relief to end the discriminatory policies.
And while contingency fees do little to incentivize lawyers to pursue cases that would result in important injunctive relief without a significant monetary payment (such as certain varieties of public interest cases), third-party financing is no better solution.
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As a result, the SEC informed the individual addressed in its notice that it may seek injunctive relief, a cease-and-desist order, administrative sanctions including a bar from association with an investment advisor, disgorgement of ill-gotten gains and civil penalties.
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"We are gratified that Judge Whyte reinstated the preliminary injunctive relief needed to redress this injury to competition, and that he did so after finding that Microsoft's business practices had been unfair, " said Sun general counsel Michael Morris in a statement.
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Erichson said the court will be forced to decide the circumstances under which courts can use class actions formed under a rule designed to allow large numbers of plaintiffs to obtain injunctive relief, or court-ordered changes in the way an organization operates.
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"The court will then conduct a hearing to determine whether and to what extent injunctive relief will be granted, as well as the amount of restitution, damages, civil penalties and statutory costs, which petitioners are seeking to impose, " the state Supreme Court justice wrote.
The bottom line is it would be quite challenging for Oakley to meet the burden of all of the foregoing conditions required to receive injunctive relief or the benefits of the equivalent of a non-compete and Oakley cannot legally compel McIlroy to continue performing endorsement services for it.
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According to most courts, Oakley must establish that it is likely to succeed on the merits, that it is likely to suffer irreparable harm in the absence of injunctive relief that cannot be properly addressed by monetary damages, that the balance of equities tips in its favor, and that an injunction is in the public interest.
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