ARTICLE: Ex Parte Seizure Orders: Don't Kill the Goose that Laid this Golden Egg! Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your® ID to access the full text of this article.
Order the full text of this article if you do not have a® ID.
US $22.00 (+ tax)

Copyright (c) 1999 The Trustees of Columbia University in the City of New York 
Columbia - VLA Journal of Law & the Arts

ARTICLE: Ex Parte Seizure Orders: Don't Kill the Goose that Laid this Golden Egg!

Spring, 1999

23 Colum.-VLA J.L. & Arts 181


By Jules D. Zalon*


Prior to 1980, the idea of granting an ex parte temporary restraining order [TRO] was usually met with great skepticism--and very quick rejection. This was so despite the fact that Federal Rule of Civil Procedure 65 provides that, in certain circumstances, "[a] temporary restraining order may be granted without written or oral notice to the adverse party . . . ." 1 Today, ex parte TROs--often with broad seizure provisions--litter the courts' dockets. In many cases, the orders are granted quickly and quite casually. Those of us who regularly obtain them may be in and out of court in less than an hour.

The willingness of judges to grant these orders so easily is a double-edged sword. This article will describe the development of ex parte seizure orders and will raise a warning flag to litigators who believe that such orders will be automatically granted. Such an attitude, should it become pervasive, could well create hostility among judges, a hostility which might presage a stricter scrutiny of TROs.



During the late 1970's, the upscale luggage producer Louis Vuitton mounted a serious litigation campaign against a veritable subculture of counterfeiters producing and selling low-priced (and low-grade) knock-offs of Vuitton's expensive handbags. In support of this effort, Vuitton's company commissioned hundreds of investigations, all seeking to discover the sources for these bootleg handbags.

A typical example of the problems they faced is seen in Vuitton et Fils, S.A. v. Crown Handbags, decided in ...
If you are interested in obtaining a® ID and Password, please contact us at 1-(800)-227-4908 or visit us at
Search Documents
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

LexisNexis Store
Research Now - Go to
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities