Miller v. Yokohama Tire Corp.
358 F.3d 616 (9th Cir. 2004) Cited 515 times 1 Legal AnalysesFinding that as a general rule, "fraud cannot be predicated upon misrepresentations as to matters of law."
Sierra On-Line, Inc. v. Phoenix Software
739 F.2d 1415 (9th Cir. 1984) Cited 823 timesHolding that good faith is put at issue by choice of infringing phrase when other phrases were available because it may indicate "an intent to trade on [mark holder's] good will and product identity"
Republic of the Philippines v. Marcos
862 F.2d 1355 (9th Cir. 1988) Cited 389 timesHolding that "questions of foreign law are not beyond the capacity of our courts"
Miller v. California Pacific Medical Center
19 F.3d 449 (9th Cir. 1994) Cited 235 timesHolding that § 10(j) has "no `reasonable cause' component"
United States v. DBB, Inc.
180 F.3d 1277 (11th Cir. 1999) Cited 179 timesRecognizing that "[t]he starting point for all statutory interpretation is the language of the statute itself," but enumerating further principles of interpretation, including "look[ing] beyond the plain language of a statute . . . to determine the congressional intent if: the statute's language is ambiguous; applying according to its plain meaning would lead to an absurd result; or there is clear evidence of contrary legislative intent."
U.S. v. Odessa Union Warehouse Co-op
833 F.2d 172 (9th Cir. 1987) Cited 216 timesFinding no showing of irreparable injury necessary where the injunction was authorized by 21 U.S.C. § 332 and statutory conditions had been satisfied
U.S. v. McNeil
320 F.3d 1034 (9th Cir. 2003) Cited 44 timesHolding that 18 U.S.C. § 1344 applies where a bank is not the sole or immediate victim
In re Vuitton et Fils S.A.
606 F.2d 1 (2d Cir. 1979) Cited 90 timesHolding that an ex parte temporary restraining orders is appropriate where notice would "render fruitless further prosecution of the action."
U.S. v. William Savran Assoc.
755 F. Supp. 1165 (E.D.N.Y. 1991) Cited 26 times 1 Legal AnalysesHolding that even though irreparable harm is not required, it had been shown, and weighed in favor of issuance of the preliminary injunction
U.S. v. Sriram
147 F. Supp. 2d 914 (N.D. Ill. 2001) Cited 8 timesNoting the language of 18 U.S.C. § 1345(B) allows a court to freeze property of equivalent value if traceable property is unavailable
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 22,408 times 87 Legal AnalysesRecognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,401 times 104 Legal AnalysesRelating to mail fraud
Section 1343 - Fraud by wire, radio, or television
18 U.S.C. § 1343 Cited 11,947 times 170 Legal AnalysesBarring fraudulent schemes "for obtaining money or property"
Section 1344 - Bank fraud
18 U.S.C. § 1344 Cited 4,907 times 60 Legal AnalysesDefining the maximum prison terms for wire fraud that affects a financial institution and bank fraud, which define the penalties for the conspiracy crime that Anderson pleaded guilty to according to 18 U.S.C. § 1349, as "not more than 30 years"
Section 20 - Financial institution defined
18 U.S.C. § 20 Cited 225 times 2 Legal AnalysesDefining financial institution
Section 1345 - Injunctions against fraud
18 U.S.C. § 1345 Cited 219 times 19 Legal AnalysesAuthorizing "the Attorney General" to "commence a civil action in any Federal court to enjoin violation"
Section 514 - Fictitious obligations
18 U.S.C. § 514 Cited 189 timesStating that “any term used in this section that is defined in section 513(c) has the same meaning”
Section 541 - Entry of goods falsely classified
18 U.S.C. § 541 Cited 76 times 4 Legal AnalysesImporting goods while underpaying duties