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Alpha Capital Anstalt v. Advanced Cell Technology, Inc.

MEMORANDUM OF LAW in Opposition re: [3] Order to Show Cause,,. Document

30 Cited authorities

  1. Edgar v. MITE Corp.

    457 U.S. 624 (1982)   Cited 771 times   22 Legal Analyses
    Holding that "matters peculiar to the relationships among or between the corporation and its current officers, directors, and shareholders" are a corporation's internal affairs

  2. Dominion Video v. Echostar Satellite Corp.

    356 F.3d 1256 (10th Cir. 2004)   Cited 414 times   3 Legal Analyses
    Holding that Licensing Agreement stipulation that breach would result in "irreparable harm" not determinative if whether there is actual irreparable harm

  3. Warner Cable v. Directv

    497 F.3d 144 (2d Cir. 2007)   Cited 310 times   13 Legal Analyses
    Holding that a claim is puffery when it consists of "subjective claims about products, which cannot be proven either true or false"

  4. Doctor's Assocs., Inc. v. Distajo

    107 F.3d 126 (2d Cir. 1997)   Cited 374 times
    Holding that a bond was not required where there was no proof of likelihood of harm

  5. Zimomra v. Alamo Rent-A-Car

    522 U.S. 948 (1997)   Cited 103 times
    Holding that active supervision unnecessary where challenged ordinance left defendants, car rental companies at Denver International Airport, virtually no discretionary authority in setting and collecting usage fees from their customers because usage fee determined by detailed formula

  6. Kamerling v. Massanari

    295 F.3d 206 (2d Cir. 2002)   Cited 254 times
    Denying preliminary injunction as premature

  7. JSG Trading Corp. v. Tray-Wrap, Inc.

    917 F.2d 75 (2d Cir. 1990)   Cited 342 times
    Holding that the "normal standards" for injunctive relief are applicable in PACA actions

  8. Ticor Title Ins. Co. v. Cohen

    173 F.3d 63 (2d Cir. 1999)   Cited 238 times   3 Legal Analyses
    Holding that a provision in a contract providing for injunctive relief "might arguably be viewed as an admission by [the defendant] that plaintiff will suffer irreparable harm were he to breach the [contract]"

  9. Bano v. Union Carbide Corp.

    361 F.3d 696 (2d Cir. 2004)   Cited 187 times
    Holding that an "organization lacks standing to assert claims of injunctive relief on behalf of its members where 'the fact and extent' of the injury that gives rise to the claims for injunctive relief 'would require individualized proof'" (quoting Warth, 422 U.S. at 515-16)

  10. Bell Howell: Mamiya Co. v. Masel Supply Co.

    719 F.2d 42 (2d Cir. 1983)   Cited 234 times
    Vacating preliminary injunction concluding that "irreparable injury may well not be present herein since there would appear to be little confusion, if any, as to the origin of the goods and no significant likelihood of damage to [plaintiff's] reputation since thus far it has not been shown that [defendant's] goods, which have a common origin of manufacture with [plaintiff's] goods, are inferior to those sold by [plaintiff] and are injuring [plaintiff's] reputation."

  11. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 22,586 times   87 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

  12. Section 242 - Amendment of certificate of incorporation after receipt of payment for stock; nonstock corporations

    Del. Code tit. 8 § 242   Cited 98 times   5 Legal Analyses
    Specifying when a separate class vote is required