PRETRIAL ADJUDICATION
...Injunctions
......Requirements in Equity
.........Probability of Success
............In General
10 Cards On This Topic:

Refusal to enjoin Restaurant from using trademarks outside of San Diego's Old Town proper where State failed to introduce sufficient evidence of ownership of trademarks and could not establish likelihood of success on merits.

Court did not abuse its discretion in issuing preliminary injunction where other party showed probable success on merits with possibility of irreparable injury, satisfying first prong of 9th Cir. standard.

No abuse of discretion to deny student's motion for a prelim. injunction where law school did not increase her plagiarism punishment solely b/c of her exercise of free speech rights—she did not show she would prevail on merits.

No abuse of discretion in denying prelim. injunction re sheriff’s dept.’s anti-huddling policy revision where sheriff’s assoc. not likely to prevail under Public Safety Officers Procedural Bill of Rights Act.

Prelim. injunction properly denied where no sound reason for distinguishing between direct rebates and Miller's contingent rebate offers, which were not premiums prohibited by statute.

Trial ct.’s determination that plaintiff would not prevail on the merits was erroneous, therefore preliminary injunction should have been granted.

Court did not abuse its discretion by issuing preliminary injunction requiring that Ds preserve electronic evidence; balancing equities.

Trial ct. abused discretion in issuing preliminary injunction where no showing made of threat of irreparable harm, or P unlikely to prevail on merits.

Appropriate to deny injunction where no showing reasonable probability of success, even though irreparable harm will result, where harm also inevitable.

Preliminary Injunction (PI) improper where no reasonable probability plaintiff would prevail at trial.