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For a preliminary injunction to be issued, the district court determined that three things would be necessary: Awad would need to have a "substantial likelihood of success" in challening the amendment on constitutional grounds, he would need to be likely to suffer "irreparable injury" without an injunction, his injury would need to outweigh the ...
Judge Marilyn Hall Patel of the United States District Court for the Northern District of California granted the preliminary injunction, on the grounds that the plaintiffs demonstrated a reasonable likelihood of success. She issued an injunction which immediately prohibited Napster: "from engaging in, or facilitating others in copying ...
Wolk moved for a preliminary injunction to prevent Photobucket from infringing her copyrights. [1]: 1 To obtain a preliminary injunction, a plaintiff must prove either "a likelihood of success on the merits" or "irreparable harm, that the balance of hardships falls in her favor, or that public policy supports her sought-after relief."
The Ninth Circuit, analyzing the likelihood of success on the merits requirement for a preliminary injunction, affirmed the decision of the district court, holding that the town's restrictions for temporary directional signs "did not regulate speech on the basis of content" [28] Although the Ninth Circuit conceded that enforcement officers ...
On Feb. 5, U.S. District Judge Deborah Boardman in Maryland issued a nationwide preliminary injunction blocking Trump’s executive order restricting birthright citizenship.
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 ...
The trial court denied Atari's motion for a preliminary injunction, deciding that Atari had not proven a likelihood of success at trial. [1] As there was no evidence that Philips had directly copied Pac-Man, Atari would need to prove copying by showing that Philips had access to Pac-Man and that the two games were substantially similar. [1]
On December 16, 2003, the Ninth Circuit Court of Appeals granted a preliminary injunction to prevent the federal government from interfering with Raich and Monson: "We find that the appellants have demonstrated a strong likelihood of success on their claim that, as applied to them, the Controlled Substances Act is an unconstitutional exercise ...