Dayeinu! Last month’s Second Circuit decision in Salinger v. Colting1 brings to mind that Passover song whose title means “It would have been enough!” What would have been enough? And for whom? Read on.
In the U.S. Court of Appeals for the Second Circuit, a plaintiff seeking a preliminary injunction is required to demonstrate (1) that it would suffer irreparable harm unless the defendant were enjoined pending a final determination on the merits and (2) either (a) likelihood of success on the merits or (b) (i) sufficiently serious questions on the merits to make them a fair ground for litigation and (ii) a balance of hardships tipping decidedly in its favor.2 For ease of reference, we shall refer to the first element as “irreparable harm” and the second as “likelihood of success,” while recognizing that the second element may also be established in the more cumbersome manner set forth in (2)(b).
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
