Summary
The United States District Court for the Western District of North Carolina denied Jackson Young Brooks’s emergency motion for a temporary restraining order and preliminary injunction. The court held that Brooks had not clearly shown likely irreparable harm arising from potential insurance chargebacks, unpaid debts, or alleged professional and regulatory consequences.
Holdings
- A temporary restraining order is evaluated under the same standard as a preliminary injunction, requiring a clear showing of likely success on the merits, likely irreparable harm, favorable balancing of equities, and consistency with the public interest.
- Plaintiff failed to clearly show that he was likely to suffer irreparable harm absent injunctive relief because the extent of his chargeback exposure was speculative, the asserted monetary injuries could potentially be remedied by damages, and the asserted professional and regulatory harms were inadequately explained or supported.
Questions Presented
- Whether Plaintiff was entitled to a temporary restraining order or preliminary injunction under Federal Rule of Civil Procedure 65.
- Whether Plaintiff clearly showed that he was likely to suffer irreparable harm in the absence of preliminary relief.
Disposition
other
Cases Cited (8)
- King v. United Way of Cent. Carolinas, Inc., No. 3:09CV164, 2009 WL 10727585, at *1 (W.D.N.C. Apr. 20, 2009)(followed)
- MicroStrategy, Inc. v. Motorola, Inc., 245 F.3d 335, 339 (4th Cir. 2001)(followed)
- Direx Israel, Ltd. v. Breakthrough Med. Corp., 952 F.2d 802, 816 (4th Cir. 1991)(followed)
- Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 20, 22 (2008)(followed)
- Amoco Prod. Co. v. Village of Gambell, 480 U.S. 531, 542 (1987)(followed)
- Metropolitan Reg'l Info. Sys., Inc. v. American Home Realty Network, Inc., 722 F.3d 591, 595 (4th Cir. 2013)(followed)
- Mountain Valley Pipeline, LLC v. 6.56 Acres of Land, Owned by Sandra Townes Powell, 915 F.3d 197, 216 (4th Cir. 2019)(followed)
- Di Biase v. SPX Corp., 872 F.3d 224, 230 (4th Cir. 2017)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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