Blackwelder Furniture Company of Statesville, Inc. v. Seilig Manufacturing Company, Inc.

How courts have described this case

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

• holding that if the balance of hardships “is struck in favor of plaintiff,” then the plaintiff “need not show a likelihood of success” on the merits, provided that a “serious” question is presented
• explaining that it is only when the relative harms are in \equipoise\ that \the probability of success begins to assume real significance\
• explaining that if the plaintiff's need for protection outweighs that of the defendant, it \is enough\ for issuance of the injunction that the plaintiff \has not embarked on frivolous litigation\
• explaining that it is only when the relative harms are in \equipoise\ that \the probability of success begins to assume real significance\
• explaining that it is only when the relative harms are in “equipoise” that “the probability of success begins to assume real significance”
• hold-ing that “if a decided imbalance of hardship should appear in plaintiffs favor, then the likelihood-of-success test is displaced by Judge Jerome Frank’s famous formulation. ...”

Source: CourtListener parenthetical corpus (CC0).