Mazurek v. Armstrong
520 U.S. 968 (1997) Cited 3,520 times 2 Legal AnalysesHolding that "a plaintiff's motion for preliminary injunctive relief has a "requirement for substantial proof is much higher" than a defendant's summary judgment motion
Moore v. Consol. Edison Co. of New York, Inc.
409 F.3d 506 (2d Cir. 2005) Cited 612 times 2 Legal AnalysesHolding that a request for preliminary injunction is not moot when the court has the ability to "offer effective relief"
Register.com, Inc. v. Verio, Inc.
356 F.3d 393 (2d Cir. 2004) Cited 553 times 8 Legal AnalysesHolding that a company that scraped a competitor's website to obtain data for marketing purposes likely committed trespass to chattels, because scraping could—although it did not yet—cause physical harm to the plaintiff's computer servers
Warner Cable v. Directv
497 F.3d 144 (2d Cir. 2007) Cited 320 times 13 Legal AnalysesHolding that a claim is puffery when it consists of "subjective claims about products, which cannot be proven either true or false"
Roby v. Corp. of Lloyd's
996 F.2d 1353 (2d Cir. 1993) Cited 477 times 1 Legal AnalysesHolding a court should consider whether a "clause[] contravene a strong public policy of the forum state" in determining if it is unreasonable
JSG Trading Corp. v. Tray-Wrap, Inc.
917 F.2d 75 (2d Cir. 1990) Cited 347 timesHolding that the "normal standards" for injunctive relief are applicable in PACA actions
Ticor Title Ins. Co. v. Cohen
173 F.3d 63 (2d Cir. 1999) Cited 242 times 3 Legal AnalysesHolding 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]"
Brenntag International Chem. v. Bank of India
175 F.3d 245 (2d Cir. 1999) Cited 167 timesFinding irreparable harm present where the obligation is owed by an insolvent defendant
Bell Howell: Mamiya Co. v. Masel Supply Co.
719 F.2d 42 (2d Cir. 1983) Cited 237 timesVacating 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."
3Com Corp. v. Banco do Brasil, S.A.
171 F.3d 739 (2d Cir. 1999) Cited 103 timesHolding court may only resolve ambiguity as a matter of law if extrinsic evidence is "so one-sided that no reasonable person could decide the contrary"
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 23,630 times 90 Legal AnalysesRecognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Section 7502 - Applications to the court; venue; statutes of limitation; provisional remedies
N.Y. C.P.L.R. § 7502 Cited 659 times 2 Legal AnalysesProviding that proceedings affecting arbitration may “be brought in the county where at least one of the parties resides or is doing business or where the arbitration was held or is pending”
Section 5-103 - Scope
N.Y. U.C.C. Law § 5-103 Cited 36 timesAdvising bank transmits fact of issuance and terms and conditions of the credit, but function is "confined to the transmission of information and the authentication of the information transmitted"
Section 5-109 - Fraud and forgery
N.Y. U.C.C. Law § 5-109 Cited 31 timesIssuing bank's obligation "does not include liability or responsibility" for "usage of any particular trade"