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· 5/2/1985

Majorica, S.A. v. R.H. MacY & Co., Inc.

Citations

  • 762 F.2d 7
  • 226 U.S.P.Q. (BNA) 624
  • 1985 U.S. App. LEXIS 31089

How courts have described this case

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

  • holding that a preliminary injunction is available only after an action has been commenced by the filing of a complaint
  • holding that when a movant fails to demonstrate a “significant 8 threat of irreparable injury . . . [courts] need not decide whether [movants] will eventually 9 prevail in [their] claims”
  • reversing grant of preliminary injunction where plaintiff was aware of conduct complained of for several years but did not seek injunctive relief until seven months after filing suit
  • reversal of district court’s grant of preliminary injunction “does not, of course, bear upon the merits of [plaintiff’s] claim for permanent relief”
  • “Lack of diligence, standing alone, may ... preclude the granting of preliminary injunctive relief, because it goes primarily to the issue of irreparable harm.”
  • “Lack of diligence, standing alone, may . . . preclude the granting of preliminary injunctive relief.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Van Graafeiland, Cardamone, Pollack

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.