Monday, December 20, 2010

Fourth Circuit no longer applies Blackwelder's balance-of-hardships test for preliminary injuctions

Jordan v. Zynch, No. 7:10cv00491, 2010 WL 5101109 (W.D. Va. Dec. 8, 2010):

The Fourth Circuit's previously-established balance-of-hardships test (for a preliminary injunction) set out in Blackwelder is no longer applicable.  Real Truth About Obama, Inc. v. FEC, 575 F.3d 342 (4th Cir. 2009) (“Because of its differences with the Winter test, the Blackwelder balance-of-hardship test may no longer be applied in granting or denying preliminary injunctions in the Fourth Circuit....”)

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