Brenntag International Chemicals, Inc. v. Bank of India, Defendant-Cross-Claimant-Appellant, Norddeutsche Landesbank Gz

How courts have described this case

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

• explaining that irreparable harm exists “where, but for the grant of equitable relief, there is a substantial chance that upon final resolution of the action the parties cannot be returned to the positions they previously occupied”
• “As a general matter, because monetary injury can be estimated and compensated, the likelihood of such injury usually does not constitute irreparable harm.”
• “[C]ourts have excepted from the general rule regarding monetary injury situations involving obligations owed by insolvents.”
• although solvent defendants were available, the plaintiff did not have sufficient alternatives because the claims against those defendants were “significantly weaker” than the claims against the insolvent defendant
• “[W]here monetary damages may provide adequate compensation, a preliminary injunction should not issue.”
• “As a general matter, because monetary injury can be estimated and compensated, the likelihood of such injury usually does not constitute irreparable harm.” (citing Jackson Dairy, Inc. v. H.P. Hood & Sons, Inc., 596 F.2d 70, 72 (2d Cir. 1979) (per curiam))

Source: CourtListener parenthetical corpus (CC0).