By: Mark P. Gergen, John M. Golden & Henry E. Smith have written this article for the Columbia Law Review. The article discusses how the Court, perhaps inadvertently, changed the test for permanent injunctions in the eBay case. It is… Continue reading
In this post, Rick pointed out one substantial downside of last-minute election claims. I made a similar point in this Article, in the context of litigation challenging election-day burdens like lines at the polls (and citing the discussion… Continue reading
More substantively, in Flexible Lifeline Systems v. Precision Lift, the Ninth Circuit reverses a longstanding circuit rule presuming irreparable harm in copyright infringement cases in which plaintiff seeking a preliminary injunction has proven likelihood of success on the merits.
In less than two weeks, I will have another crop of Remedies students. I love teaching the course, because students come in with such low expectations as to how interesting the course will be (compared to, say, election law). Some… Continue reading