Injunctions

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On Wednesday, Judge Furman granted a permanent injunction against an Executive Order imposing civil and criminal penalties on those who provide “services” to certain persons associated with the International Criminal Court (“ICC”). The plaintiffs, two law professors, had in the past submitted amicus briefs in support of the ICC, conducted trainings, and advised certain ICC individuals. Consistent with a 2020 decision from Judge Failla concerning a similar Executive Order (subsequently withdrawn in the Biden administration), Judge Furman determined that the new Order was “content-based” and therefore subject to strict scrutiny. As Judge Furman explained, “Plaintiffs are free to speak if their speech does not have the function or purpose of benefitting [the head of the ICC’s Office of the Prosecutor]; but they are subject to civil and criminal penalties if it does have that function or purpose.”

The Court found the government’s arguments to the contrary “unpersuasive”:Continue Reading Judge Furman Permanently Enjoins Executive Order Penalizing Providing Services to Sanctioned Persons Associated with the International Criminal Court

Earlier this month, Judge Cote entered a default judgment against Dmitry Starovikov and Alexander Filippov in Google’s action seeking a permanent injunction against them as the operators of a blockchain enabled “botnet.” Judge Cote had entered a Temporary Restraining Order against the Defendants on December 7, 2021, covered here.

Google first sought entry of a default judgment in February after the named Defendants failed to respond to the Complaint, despite service by the methods authorized in the TRO. The default was entered by the Clerk of Court on February 8, but vacated by Judge Cote on Defendants’ motion, which argued “that they had not been served, that the Court lacked jurisdiction over them, and that they had meritorious defenses, including that Google had failed to state a claim against them.”Continue Reading Judge Cote Grants Google Permanent Injunction Against “Botnet” Operators, Following Failure to Cooperate with Discovery

In an entertaining opinion Friday, Judge Abrams granted heavyweight boxer Fres Oquendo $775,000 and injunctive relief against a German promotional firm referred to as Terek, which failed to pay Oquendo his fill purse after a WBA world heavyweight tile match in Chechnya against Ruslan Chagaev.  Oquendo lost the fight and, under the parties’ contract, was entitled to a rematch.  Judge Abrams rejected Terek’s primary defense — that the contract was unenforceable — and, in addition to awarding Oquendo his payment shortfall, enjoined Terek from promoting any bout for Chagaev within the next 18 months unless it first scheduled the promised rematch. She explained that an injunction was appropriate in these circumstances because of the unique nature of a title fight:
Continue Reading Judge Abrams: Boxer Entitled to Injunction Over Heavyweight Title Rematch