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Litigation

: How Appealing

Second Circuit considers whether "a likelihood of success on the merits" is a prerequisite to a preliminary injunction

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In federal court, must the party seeking a preliminary injunction establish a likelihood of success on the merits, or will it suffice to demonstrate a serious question going to the merits to make them a fair ground for trial, with a balance of hardships tipping decidedly in plaintiff's favor? In a ruling issued today, the U.S. Court of Appeals for the Second Circuit rejects the argument that recent U.S. Supreme Court precedent requires the party seeking a preliminary injunction to establish a likelihood of success on the merits.

Full post as published by How Appealing on March 10, 2010 (boomark / email).

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