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Old 04-29-2011, 09:53 PM   #155
djnemo65
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Re: Owners' Motion for Stay Pending Appeal Denied

Quote:
Originally Posted by JoeRedskin View Post
For the substantive injunctive relief, don't they also have to show liklihood of success. I was sure that was one of the factors.
According to my civil procedure notes likelihood of success on the merits is one of four factors that courts weigh when considering an injunction, but circuits are split on whether each of these factors needs to be satisfied to grant the injunction or whether the four instead function as a balancing test. Keep in mind that I've forgotten everything I learned in civpro so this could be completely wrong. But that's what I have written down.
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