The Original Brooklyn Water Bagel Co., Inc. v. Bersin Bagel Group, LLC, No. 15-11748 (11th Cir. 2016)
Annotate this CaseBersin filed suit, alleging that it had been induced into investing more than $350,000 in a BWB franchise through fraud and misrepresentations, some of which concerned OBWB’s advertising of patented technology. The court concluded that the district court did not abuse its discretion by declining to enjoin Bersin from prosecuting its case against OBWB in state court; nor did the district court err in declining to hold Bersin in contempt. The court concluded that the Anti-Injunction Act, 28 U.S.C. 2283, deprived the district court of the power to enjoin Bersin from prosecuting its state court suit. Even if the district court had the power to issue such an injunction, it would have been improper on the merits to bind Bersin to a settlement release it had no part in negotiating and from which it obtained no benefit. Thus, the court affirmed the judgment of the district court.
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