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Gucci America, Inc. et al v. Li et al

MEMORANDUM OF LAW in Opposition re: 34 CROSS MOTION for Preliminary Injunction /To Modify Plaintiff's Preliminary Injunction. /of Non-Party Bank of China In opposition to the Plaintiffs' Motion to Compel and in Support of its Alternative Cross Motion to Modify the Court's Orders. Document

50 Cited authorities

  1. Pierce v. Underwood

    487 U.S. 552 (1988)   Cited 9,097 times   9 Legal Analyses
    Holding that when Congress reenacts a statute without changing its language, and when there is no indication that “Congress thought it was doing anything ... except reenacting and making permanent” the earlier legislation, a court should not give weight to legislative history pertaining to the reenactment

  2. Morrison v. National Australia Bank Ltd.

    561 U.S. 247 (2010)   Cited 1,458 times   177 Legal Analyses
    Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

  3. Grupo Mexicano de Desarrollo, S. A. v. Alliance Bond Fund, Inc.

    527 U.S. 308 (1999)   Cited 777 times   4 Legal Analyses
    Holding that preliminary injunctive relief freezing defendants' assets was not warranted because injunctive relief was historically unavailable where plaintiff sought only money damages for breach of contract

  4. Maness v. Meyers

    419 U.S. 449 (1975)   Cited 828 times   4 Legal Analyses
    Holding that an attorney is not subject to contempt for good faith legal advice regarding the Fifth Amendment

  5. Dairy Queen v. Wood

    369 U.S. 469 (1962)   Cited 1,151 times   1 Legal Analyses
    Holding that jury trial was required where legal claims seeking monetary relief and equitable claims seeking injunctive relief both hinged on "the question of whether there [had] been a breach of contract"

  6. De Beers Mines v. United States

    325 U.S. 212 (1945)   Cited 1,037 times
    Holding that a preliminary injunction is "appropriate to grant intermediate relief of the same character as that which may be granted finally"

  7. Canal Authority of State of Fla. v. Callaway

    489 F.2d 567 (5th Cir. 1974)   Cited 1,228 times
    Holding that the district court erred in shifting burden to the defendant because "[u]nder the proper view of the law, it should not have been incumbent upon the defendants to prove by a preponderance of the evidence, much less to a probable environmental and ecological certainty, that the interests they represent would suffer irreparable harm. The burden of persuasion on all of the four requirements for a preliminary injunction is at all times upon the plaintiff."

  8. Richmark Corp. v. Timber Falling Consultants

    959 F.2d 1468 (9th Cir. 1992)   Cited 562 times   3 Legal Analyses
    Holding that an instrumentality of a foreign nation must respond to discovery about its worldwide assets and that it could not use the FSIA to conceal its assets from the district court

  9. Levi Strauss Co. v. Sunrise Intern. Trading

    51 F.3d 982 (11th Cir. 1995)   Cited 460 times   1 Legal Analyses
    Holding that the "substantial effects" test was met when the defendants included U.S. corporations and residents and counterfeit jeans were stored in and shipped through the United States

  10. U.S. v. First Nat. City Bank

    379 U.S. 378 (1965)   Cited 284 times
    Holding that preliminary injunction preventing dissipation of assets was warranted where plaintiff sought foreclosure of tax lien

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,557 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  12. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 45,925 times   320 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  13. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 22,421 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

  14. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 16,547 times   105 Legal Analyses
    Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

  15. Section 1117 - Recovery for violation of rights

    15 U.S.C. § 1117   Cited 4,886 times   144 Legal Analyses
    Granting district courts significant discretion to award damages for a violation of § 1125

  16. Rule 408 - Compromise Offers and Negotiations

    Fed. R. Evid. 408   Cited 4,263 times   45 Legal Analyses
    Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)

  17. Section 1116 - Injunctive relief

    15 U.S.C. § 1116   Cited 2,714 times   29 Legal Analyses
    Granting district courts the "power to grant injunctions, according to principles of equity . . ., to prevent the violation of any right" of the trademark owner

  18. Section 7402 - Jurisdiction of district courts

    26 U.S.C. § 7402   Cited 1,620 times   3 Legal Analyses
    Granting the district courts jurisdiction over civil actions brought pursuant to § 7403