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· 9/26/1977

Monroe Division, Litton Business Systems, Inc. v. Frank A. De Bari

Citations

  • 562 F.2d 30
  • 24 Fed. R. Serv. 2d 216
  • 1977 U.S. App. LEXIS 11414

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a defendant was entitled to a hearing where there are genuine issues of material fact
  • explaining that courts have the discretion to dispense with a security bond where the party requesting an injunction has “considerable assets” and is “able to respond in damages” if the defendant is wrongly enjoined
  • allowing a litigant to raise a claim for wrongful injunction damages after the determination of wrongfulness, stating that prior to that point “the claim for damages had not yet arisen”
  • remanding case to the district court for an evidentiary hearing because “[d]efendant requested, and was entitled to, a hearing on his claim of damages arising from the wrongful injunction.”
  • “Equity comes into play in determining whether there may be recovery and the amount thereof.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Seth, Breitenstein, McWilliams

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.