TO: Greene’s Jewelry Wholesale FROM: Alyssa Ascher DATE: April 16th‚ 2017 RE: Greene’s Jewelry Wholsale – Wrongful Termination of Employee and Employee Breach of Contract Claims QUESTIONS PRESENTED (1)Under New Hampshire law‚ can Greene’s Jewelry Wholesale be held accountable for terminating Jennifer’s employment as the company is downsizing and has no need for her position anymore? (2)Under New Hampshire law‚ can Jennifer be held accountable for sharing Greene’s Jewelry Wholesale’s trade secret
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grant an interlocutory (interim) injunction • Hubbard v Vosper [1972] 1 All ER 1023: A plaintiff is not entitled to an interlocutory injunction simply because he shows a prima facie right‚ and an arguable case as to its infringement. The remedy is flexible and discretionary Perpetual Injunction • Made after a substantive hearing on the merits • Contradistinction to an interlocutory injunction‚ which is a holding measure only Injunctions • Holding status quo or variation
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* Whether permanent injunction should be granted for alleged commercial use of literary work? * It is humbly contended before this hon’ble court that use of the copyrighted work under copyright law was not for commercial purpose as the use was plainly a “fair use” which is an exception under section 52 of Copyright Act‚ 1957‚ and that the present suit as filled by the plaintiffs is the abuse of the process of law and as such liable to be dismissed with exemplary cost. * That the present suit
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requested a Federal judge issue a preliminary injunction to prevent further damages of sales of her product in the market. Paul claims his product is different from Jane’s and therefor noninfringing. What rule of law‚ standards and guidelines will a judge need to determine whether to grant Jane’s request for a preliminary injunction? Under 35 U.S.C. S. § 283‚ the rule states “several courts having jurisdiction of cases under this title may grant injunctions in accordance with the principles of equity
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Trial Court Decision The trial court for this case granted a temporary injunction on the same day the plaintiffs placed the petition. However‚ the defendant did not comply with the court orders on temporary injunction against its intended discontinuance of the commercial transportation services. Subsequently‚ on December 23‚ 1961‚ the Attorney General of the State of Nebraska moved to court to obtain an order directing that a citation be issued against the defendant to explain why proceedings should
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Explain the common remedies that a party to a contract may claim under the law of contract. Various remedies exist in contract law. These include: Damages Damages in contract law are a legal remedy available for breach of contract. Damages are an award of money to compensate the innocent party. The primary purpose of damages in contract law is to place the injured party in the position they would have been in had the contract been performed. Parties to a contract may legitimately agree the
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violated a court injunction. Believing that a decision not to march would end the campaign‚ Dr. King‚ Reverend Shuttlesworth‚ and fifty other people marched on Good Friday and were arrested. During the week that he spent in jail‚ Dr. King expressed the principle of non-violent direct action to counter pervasive injustice in his “Letter from a Birmingham Jail.” Rev. Wyatt T. Walker‚ Dr. King‚ Rev. Shuttlesworth‚ and other leaders were convicted of violating the court injunction. Shuttlesworth was
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equipment. By reason of that‚ the respondent filed an application for mandatory injunction. 2. Issues of Law : a. Whether the Court has a discretionary power to issue mandatory injunction on an ex parte application b. Whether the respondent have a right to possess the equipment 3. Judgment : a. The Court has a discretion to grant mandatory injunction before trial but the injunction will only be granted for an extremely rare case and also for ex parte application
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INTRO: We’re not interested in proving liability‚ we’re concerned with finding the need for a resolution The creation of a right is distinct from the provision of remedies for violations of that right (just because a right was violated doesn’t necessarily mean there’s a remedy) Choices between responsible solutions in a world of limited possibilities (A solution requires the decision maker to select between alternative possible solutions in a world of limits) GOAL: to use actual
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THE LAW OF EQUITY Class Notes by J. K. Asiema © 2005 University of Nairobi TOPICAL OUTLINES 1. Historical Origin and Development of Law of Equity in England 2. Maxims of Equity 3. Equitable Remedies include Injunctions‚ Specific Performance Etc. 4. Application of Equity in Kenya - The Nature‚ Historical Origin & Development Of Law Of Equity In England DEFINITION OF EQUITY Equity has an ordinary meaning and a technical meaning. In the ordinary sense‚ equity means fairness‚ justice
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