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The majority opinion held that as an initial matter the Ninth Circuit's "possibility" test for issuance of a preliminary injunction is too lenient; plaintiffs must show that irreparable injury is "likely" in the absence of an injunction. However, the Court continued, even if plaintiffs had shown irreparable injury (and, too, likelihood of ...
Fumus boni iuris is a Latin phrase, used in European and South American courts, meaning "likelihood of success on the merit of the case" [1] (literal meaning: "smoke of a good right") It is a requirement for receiving certain benefits (for example, legal aid ) or pronunciation of certain court actions (for example, so-called protective measures ...
An injunction is a court order requiring a party to do something or to refrain from doing something. A preliminary injunction is one that lasts until there is a final judgment in the case, at which point the court might grant a permanent injunction under the test recognized by eBay Inc. v. MercExchange, L.L.C. (2006).
The Court denied the motion for a preliminary injunction in February 2016. NIFLA appealed from the denial of the preliminary injunction to the U.S. Court of Appeals for the Ninth Circuit in June 2016, which affirmed the judgment of the District Court in a unanimous decision authored by Judge Dorothy W. Nelson , joined by Judges A. Wallace ...
regulatory program for implementing SMCRA and 30 C.F.R. §§ 780.21(b), 784.14(b) (2008), and their approved equivalents in the Pennsylvania state regulatory program for implementing SMCRA.
And in 1973, a district judge in New York granted a preliminary injunction against the Interstate Commerce Commission that would "affect the agency in the entire scope of its authority and jurisdiction." [20] Courts issued an average of 1.5 nationwide injunctions per year against the Reagan, Clinton, and George W. Bush administrations. [18]
The purpose of a provisional remedy is the preservation of the status quo until final disposition of a matter can occur.. Under United States law, FRCP 64 provides with several types of seizure (e.g. garnishment, replevin, attachment) that a Federal Court may use pursuant to state law.
On February 7, 2019, the plaintiffs filed an "extraordinary motion" asking the Ninth Circuit to issue a preliminary injunction by March 19, 2019, blocking the federal government from approving any fossil fuel production activities either on federal land or needing federal approval, such as coal mining on federal land, oil or natural gas ...