Legal Opinion
Cabela's LLC v. Highby
District Court, D. Delaware
Decided January 24, 2019No. 18-cv-1223-RGAPublishedCited by 8 opinions
1Opinion of the Court
II. LEGAL STANDARD
"A plaintiff seeking a preliminary injunction must establish [1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in the public interest." Winter v. Nat. Res. Def. Council, Inc. , 555 U.S. 7, 20, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008). "A preliminary injunction is an extraordinary remedy never awarded as of right." Id. at 24, 129 S.Ct. 365.
III. ANALYSIS
A. Success on the Merits
1. Cabela's Is Not Barred by…
2Cases cited15 opinions
- Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Instant Air Freight Co. v. C.F. Air Freight, Inc.Court of Appeals for the Third Circuit · 1989
- Dominion Video Satellite, Inc. v. EchoStar Satellite Corp.Court of Appeals for the Tenth Circuit · 2004
- North Atlantic Instruments, Inc., Plaintiff-Counter-Defendant-Appellee v. Fred Haber and Apex Signal Corp., Defendants-Counter-Claimants-AppellantsCourt of Appeals for the Second Circuit · 1999
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Digney York Associates, LLC v. WeissDistrict Court, D. Delaware · 2023
- GREAT LAKES DREDGE & DOCK COMPANY, LLC v. PHILLY SHIPYARD, INC.District Court, E.D. Pennsylvania · 2024
- HOPCo Intermediate Holdings, Inc. v. JonesDistrict Court, D. Delaware · 2020
- LEGEND BIOTECH USA INC. v. LIUDistrict Court, D. New Jersey · 2024
- Lennox AES Holdings LLC and Lennox AES Industries LLC v. Jason BentonDistrict Court, D. Delaware · 2025
3 more not listed; retrieve them via the Exa API.