What is the current state of the law on a "sliding scale" approach to the consideration of a stay pending appeal?

MultiRegion, United States of America

The following excerpt is from Al Otro Lado, Corp. v. Wolf, 952 F.3d 999 (9th Cir. 2020):

Under the "sliding scale" approach we use, "the elements of the preliminary injunction test are balanced, so that a stronger showing of one element may offset a weaker showing of another." Alliance for the Wild Rockies v. Cottrell , 632 F.3d 1127, 1131 (9th Cir. 2011). The same sliding scale approach applies to the consideration of stays pending appeal. Leiva-Perez v. Holder , 640 F.3d 962, 966 (9th Cir. 2011) (per curiam). "If anything, a flexible approach is even more appropriate in the stay context." Id .

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