Legal Opinion
Smith v. Potter
District Court, S.D. New York
Decided November 15, 2001No. 01 CIV. 9512(JFK)PublishedCited by 8 opinions
1Opinion of the Court
ORDER
KEENAN, District Judge.
The application for a preliminary injunction is denied in so far as shutting down the Morgan Facility is concerned. Plaintiffs have failed to meet the higher standard necessary for the issuance of such a mandatory injunction. They have not demonstrated that there is a likelihood of irreparable harm of their prevailing in the litigation, Moreover, the balance of hardships tips decidedly in favor of the defendant.
However, the Court directs that the James A. Farley Station, which is adjacent to the Morgan Facility and connected to it by tunnel, be tested for the…
2Cases cited11 opinions
- Tom Doherty Associates, Inc. D/B/A Tor Books v. Saban Entertainment, Inc. And Saban International N.V.Court of Appeals for the Second Circuit · 1995
- Norman Birnbaum, B. Leonard Avery and Mary Rule MacMillen Plaintiffs v. United StatesCourt of Appeals for the Second Circuit · 1978
- Connecticut Coastal Fishermen's Ass'n v. Remington Arms Co.Court of Appeals for the Second Circuit · 1993
- Active Fire Sprinkler Corp. v. The United States Postal Service and John T. Brady and Company, DefendantsCourt of Appeals for the Second Circuit · 1987
- Thomas Pereira v. U.S. Postal Service Judith Wolfe Ernie Molina Tom Regan Frank SmithCourt of Appeals for the Ninth Circuit · 1992
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- APWU v. PotterCourt of Appeals for the Second Circuit · 2003
- Apwu, Afl-Cio v. PotterCourt of Appeals for the Second Circuit · 2003
- Smith Ex Rel. New York Metro Area Postal Union v. PotterDistrict Court, S.D. New York · 2002
- Black Warrior River-Keeper, Inc. v. Drummond Co.District Court, N.D. Alabama · 2019
- Fleminger, Inc. v. U.S. Department of Health & Human ServicesDistrict Court, D. Connecticut · 2012
3 more not listed; retrieve them via the Exa API.