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On Wednesday, Judge Susan Bolton of Federal District Court issued a preliminary injunction suspending the most controversial parts of the law.
Last April, the Federal District Court judge in the case, Christina A. Snyder, granted an injunction suspending the mandate while letting stand the ban on pre-1994 trucks.
Last July, he filed a suit with Nigeria's Federal High Court and obtained an injunction suspending the governor from office, on the ground that he had signed a letter of resignation.
Brazilian authorities have obtained a court injunction suspending the concert, which Live Earth organizers expected to bring one million fans to Copacabana Beach to see Lenny Kravitz, Macy Gray, Jorge Ben Jor and Xuxa.
But retired police officers and firefighters sued, and a federal judge granted an injunction suspending the payments after their lawyers argued that the city had breached a longstanding promise to provide fully financed health coverage to retirees.
Federal investigators threatened fines and even prison terms for Chevron officials, but a federal judge declined to grant an injunction suspending Chevron's Brazilian operations and those of the oil rig contractor, Transocean, the company that owned and operated the Deepwater Horizon for BP.
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While Apple is fairly likely to get the injunction suspended, this is in the court's discretion and can go either way, so Cupertino can take a deep breath only after the grant of a temporary suspension.
I cannot believe for one moment that this Court in Dombrowski intended to authorize federal injunctions completely suspending all enforcement of a constitutionally valid state criminal law merely because state defendants allege that state officials are about to harass them by doing no more than enforcing that valid law against them in the state courts.
An American appeals court recently upheld a patent infringement case NTP brought against R.I.M., and NTP plans to ask a lower court to activate an injunction it was granted two years ago against BlackBerry service; that injunction was suspended pending appeal.
Interestingly, DOJ lawyers asked O'Connor not to issue an immediate injunction to suspend enforcement of the health law.
He issued a declaratory judgment against the entire law, and suggested that the Obama administration view it as the "functional equivalent" of an injunction to suspend its implementation.
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