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Trial Practice & Procedure

by Philip W. Savrin

Mercer L. Rev., Vol.46 pp.1497-1575, 1995 [Periódico revisado por pares]

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  • Título:
    Trial Practice & Procedure
  • Autor: by Philip W. Savrin
  • Assuntos: Constitutional; Indispensable; Jurisdiction; Introduction; Requirement; Preliminary; Restraining; Significant; Affidavits; Litigation; Administrative Law; Civil Procedure; Criminal Law & Procedure; Evidence; Governments; Insurance Law; Military & Veterans Law; Torts
  • É parte de: Mercer L. Rev., Vol.46 pp.1497-1575, 1995
  • Descrição: ... The same rule applies on a preliminary injunction motion. ... Under these circumstances, the court concluded that standing in the preliminary injunction context would be adjudged by the pleadings, with any evidence viewed favorable to the plaintiffs. In so ruling, the court expressly reserved deciding "the degree of evidence necessary to support standing at the preliminary injunction stage when the plaintiff is on notice that standing is contested." ... In Cox the union's lawyers had testified during a criminal matter involving the content of the communications. ... The district court, in the context of a preliminary injunction, found that plaintiffs were likely to prevail on the merits, and froze Defendant Moses' assets, allowing him to withdraw reasonable sums from his bank accounts to meet his personal living and business expenses only. ... In soundly reversing that part of the district court's preliminary injunction, the court of appeals relied on the Supreme Court's decision in DeBeers Consolidated Mines, Ltd. v. United States, whose meaning it found to have been "tortured" by the district court. ... Accordingly, the preliminary injunction was vacated. ...  
  • Idioma: Inglês

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