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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.