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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 ...
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 ...
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 prisoners won a preliminary injunction requiring the prison to evaluate medically vulnerable prisoners for temporary release. But the Bureau of Prisons got the injunction reversed on appeal.
Garcia failed to establish a likelihood of success on the merits because Garcia’s fleeting performance in the video did not amount to a “work” under copyright law, and she was unlikely to experience irreparable harm because the video had already persisted for months online before she sought the injunction.
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 ...
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 ...
The one-time Georgia prosecutor accused of using her office to impede the investigation into Ahmaud Arbery’s killers is set to stand trial more than four years after the Black 26-year-old’s ...