Can a preliminary injunction be issued against a defendant who has serious questions going to the merits of his claim?
MultiRegion, United States of America
The following excerpt is from City & Cnty. of S.F. v. U.S. Citizenship & Immigration Servs., 944 F.3d 773 (9th Cir. 2019):
Alternatively, " serious questions going to the merits and a balance of hardships that tips sharply towards the plaintiff can support issuance of a preliminary injunction, so long as the plaintiff also shows that there is a likelihood of irreparable injury and that the injunction is in the public interest." All. for the Wild Rockies v. Cottrell , 632 F.3d 1127, 1135 (9th Cir. 2011).
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