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A longshot I know, but if any of you practice law in the federal courts, especially if in CA2, I have a question...
As I understand it one does not get a temporary injunction just for asking for it. The petitioner needs to to show a sufficient level of some combination of likelihood of success on the merits and irreparable harm.
So say Brady loses before Berman and appeals to CA2. Presumably he would ask for a temporary injunction pending resolution of the appeal. Any sense of what his odds of getting one would be?
If he loses here I would think he wouldn't have a great likelihood of winning the appeal on the merits unless Berman really screws something up as a matter of law. But weighing against that is the fact that if CA2 doesn't issue an injunction the case would appear to be mooted within 4 weeks. And once a case is moot the federal courts no longer have jurisdiction and must dismiss it (due to the Constitutional "case or controversy" jurisdictional requirement). So even if the CA2 panel that gets assigned the appeal thinks Brady has little chance of winning, if they believe the case should be adjudicated at all it would seem to me they'd have to grant the injunction pending resolution of the appeal.
So any sense of how they'd weigh it and what the result would be?
As I understand it one does not get a temporary injunction just for asking for it. The petitioner needs to to show a sufficient level of some combination of likelihood of success on the merits and irreparable harm.
So say Brady loses before Berman and appeals to CA2. Presumably he would ask for a temporary injunction pending resolution of the appeal. Any sense of what his odds of getting one would be?
If he loses here I would think he wouldn't have a great likelihood of winning the appeal on the merits unless Berman really screws something up as a matter of law. But weighing against that is the fact that if CA2 doesn't issue an injunction the case would appear to be mooted within 4 weeks. And once a case is moot the federal courts no longer have jurisdiction and must dismiss it (due to the Constitutional "case or controversy" jurisdictional requirement). So even if the CA2 panel that gets assigned the appeal thinks Brady has little chance of winning, if they believe the case should be adjudicated at all it would seem to me they'd have to grant the injunction pending resolution of the appeal.
So any sense of how they'd weigh it and what the result would be?