Abuse of Discretion – Preliminary Injunction

By: Derek Hawkins//August 31, 2020//

Listen to this article

7^th Circuit Court of Appeals

Case Name: C.Y. Wholesale, Inc., et al., v. Eric Holcomb, et al.,

Case No.: 19-3034

Officials: EASTERBROOK, KANNE, and WOOD, Circuit Judges.

Focus: Abuse of Discretion – Preliminary Injunction

A group of Indiana-based hemp sellers and wholesalers sued the State of Indiana and its governor, seeking to enjoin the enforcement of the state’s criminal prohibition on the manufacture, delivery, or possession of smokable hemp. Ind. Code § 35-48-3-10.1. The plaintiffs (collectively “C.Y. Wholesale”) argue that Indiana’s law is preempted by the Agriculture Improvement Act of 2018 and barred by the Commerce Clause of the Constitution. The district court issued the requested injunction, and Indiana has appealed.

We conclude that although C.Y. Wholesale may have been entitled to block certain aspects of Indiana’s law, the injunction before us sweeps too broadly. We therefore vacate it and remand to the district court for further proceedings.

Vacated and remanded

Full Text

Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

Select Region or Brand

Upcoming Event