· 8/8/1990
Fed. Sec. L. Rep. P 95,417 Stephen Blumenthal and Les Fein v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
Citations
- 910 F.2d 1049
- 1990 U.S. App. LEXIS 13691
- 1990 WL 113279
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that arbitration can become a “hollow formality” absent a court’s ability “to preserve the meaningfulness of the arbitration”
- stating that federal policy favors entering an injunction if doing so would permit the parties to arbitrate disputes contemplated by their arbitration agreement
- issuing preliminary injunction before any arbitration “preserve[s] the status quo” if the parties are required to arbitrate
- stating damages from being wrongfully enjoined must 23 have been “proximately caused by the injunction”
- damages available if improperly entered preliminary injunction stopped party from taking action it \had at all times the right to do\
- “[Wrongfully enjoined parties] are entitled to damages as may be shown to have been proximately caused by the injunction, up to the amount of the bond.” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Oakes, Walker, Billings
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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