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23 May 2016, 12:11 pm by Joel R. Brandes
In Gomez v Fuenmayor 2016 WL 454037(11th Cir, 2016) the Eleventh Circuit held that sufficiently serious threats and violence directed against a parent can nonetheless pose a grave risk of harm to a child as well. [read post]
4 Apr 2013, 9:32 am by David Friedman
Bork was arguing that the harm caused by the use of contraception and the harm caused by air pollution were ultimately of the same sort, that it was legitimate to ban pollution hence legitimate to ban contraception—his article was in part an attack on Griswold v. [read post]
16 Nov 2015, 4:02 am
The district court explained that "[i]n order to succeed on its motion, '[a] plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.' Winter v. [read post]
28 Oct 2011, 2:16 pm by Jay McDaniel
No Presumption of Irreparable Harm The Ninth Circuit Court of Appeals has abandoned its long-standing precedent that a presumption of irreparable harm exists in copyright infringement cases, articulated in Elvis Presley Enterprises, Inc. v. [read post]