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· 3/27/2008

Biodiversity Conservation Alliance v. Stem

Citations

  • 519 F.3d 1226
  • 2008 WL 714047

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that once a judgment has been obtained, a party who “turn[s] back to its old ways ... might well be subject to contempt proceedings”
  • reasoning plaintiff won only “the right to have the status quo preserved, so that had it prevailed on the merits, its victory would have meaning”
  • “[A] party is entitled to attorneys’ fees only if it could obtain a court order to enforce the merits of some portion of the claim it made in its suit.”
  • “Unlike the injunction in Sole, the preliminary injunction here was not undone by a final decision on the merits. It is thus in the area explicitly left open by Sole.” (citation omitted)
  • “[A] party is entitled to attorneys’ fees [as a prevailing party] only if it could obtain a court order to enforce the merits of some portion of the claim it made in its suit.”

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Connor, Henry, Tacha

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.