Commercial Litigation and Arbitration

Injunctions and Circuit Splits — Federal Court Should Not Issue Nationwide Injunction Where One Would Not Issue under the Law of Another Circuit

Fox TV Stations, Inc. v. BarryDriller Content Sys., PLC, 915 F. Supp. 2d 1138 (C.D. Cal. 2012):

B. Geographical Reach of Injunction Where Circuit Split Present

Courts should not issue nationwide injunctions where the injunction would not issue under the law of another circuit.

Principles of comity require that, once a sister circuit has spoken to an issue, that pronouncement is the law of that geographical area. Courts in the Ninth Circuit should not grant relief that would cause substantial interference with the established judicial pronouncements of such sister circuits. To hold otherwise would create tension between circuits and would encourage forum shopping.

United States v. AMC Entm't, Inc., 549 F.3d 760, 773 (9th Cir. 2008) (reversing grant of nationwide injunction).

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