Jerome-Duncan, Inc. v. Auto-By-Tel, L.L.C.

3 Citing cases

  1. Kelly Services, Inc. v. Noretto

    495 F. Supp. 2d 645 (E.D. Mich. 2007)   Cited 38 times
    Finding pricing policies constituted a trade secret under MUTSA

    Additionally, this "extraordinary" remedy "should best be used sparingly." Jerome-Duncan, Inc. v. Auto-By-Tel, L.L.C., 966 F. Supp. 540, 541 (E.D. Mich. 1997) (Gadola, J.) (citations omitted). When considering whether to grant the "extraordinary" remedy of a preliminary injunction, a district court must consider and balance four factors: (1) whether the moving party has a strong likelihood of success on the merits; (2) whether the moving party would suffer irreparable injury without the preliminary injunction; (3) whether issuance of the preliminary injunction would cause substantial harm to others; and (4) whether the public interest would be served by issuance of the preliminary injunction.

  2. Automation & Modular Components, Inc. v. Blackford

    23-cv-12420 (E.D. Mich. Nov. 3, 2023)

    Jerome-Duncan, Inc. v. Auto-By-Tel, L.L.C. 966 F.Supp. 540, 541 (E.D. Mich. 1997) (alterations and quotations omitted). Plaintiff has failed to establish that it will suffer irreparable harm absent the injunction as the damages it complains of are monetary.

  3. Fulton v. Honkamp Krueger Fin. Servs.

    Case No. 20-CV-1063 (PJS/DTS) (D. Minn. Dec. 1, 2020)   Cited 5 times
    Reviewing an identical non-compete provision in an employment contract between HKFS and a different former employee and determining that the contract distinguished between the term of employment and the term of the employment agreement such that the termination of the agreement abrogated the non-compete provision

    See, e.g., Innoviant Pharmacy, Inc. v. Morganstern, 390 F. Supp. 2d 179, 190 (N.D.N.Y. 2005) (finding that the threatened loss of referral sources constitutes irreparable harm, as referral sources are "one step removed" from "the ultimate source of Innoviant's revenue"); but see Guttenberg v. Emery, 26 F. Supp. 3d 88, 102 (D.D.C. 2014) (finding no irreparable harm despite plaintiffs' argument that "because their business is based on referrals, lost referrals threaten[] their practice"); Jerome-Duncan, Inc. v. Auto-By-Tel, L.L.C., 966 F. Supp. 540, 543 (E.D. Mich. 1997) ("Should a determination of damages be required at a latter date, a court could look to [plaintiff's] past performance or . . . the actual dealers which received the referrals in place of [plaintiff]. There is nothing unique about this case, with regard to damages, which would take it out of the ordinary breach of contract remedies context.").