· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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