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Serious Question or Likelihood of Success on the Merits? 2nd Circuit rules on standards for obtaining a preliminary injunction

By ADF Alliance Alert

How Appealing reports that the 2nd Circuit has issued a ruling that impacts the standards for obtaining a preliminary injunction. Citigroup Global Markets, Inc. v VCG Special Opportunities Master Fund Limited, f/k/a CDO Plus Master Fund Limited, No. 08-6090-cv (2nd Cir. March 10, 2010) "VCG also appeals from the district court?s May 29, 2009 order denying its motion for reconsideration of the preliminary injunction. Because we conclude that the ?serious questions? standard for assessing a movant?s likelihood of success on the merits remains valid in the wake of recent Supreme Court cases, and because neither the district court?s assessment of the facts nor its application of the law supports a finding of abuse of discretion, we AFFIRM as to both orders."

Full post as published by Constitutionally Correct on March 11, 2010 (boomark / email).