What is the standard of review for a motion seeking a preliminary injunction?
MultiRegion, United States of America
The following excerpt is from Hanson Trust PLC v. ML SCM Aquisition, Inc., 781 F.2d 264 (2nd Cir. 1986):
Our standard of review is whether the district court abused its discretion in denying the preliminary injunction, Coca-Cola v. Tropicana Products, Inc., 690 F.2d 312, 315 (2d Cir.1982) (remanding for issuance of preliminary injunction), i.e., whether it "relie[d] on clearly erroneous findings of fact or on an error of law in [not] issuing the injunction," Hanson I, 774 F.2d at 54.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the standard of review required for a motion to amend a motion where a motion is brought in without a judicial review? (MultiRegion, United States of America)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
What is the standard of review for a motion seeking to overturn a decision by the Minister of Justice to grant a conditional discharge? (Canada (Federal), Canada)
What is the proper standard of review for denying a motion to reopen on the grounds of abuse, abuse and abuse of review? (MultiRegion, United States of America)
Are there any differences in the standard of review between a motion to withdraw a guilty plea and the findings of fact supporting the motion? (MultiRegion, United States of America)
What is the scope of review of a motion for a preliminary injunction? (MultiRegion, United States of America)
What is the standard of review for a motion alleging that the federal government breached a plea agreement by filing a section 5K1.1 motion? (MultiRegion, United States of America)
What is the standard of review for granting a preliminary injunction? (MultiRegion, United States of America)
