[dayglored]

"Likelihood to succeed" is not a value judgment on the merits of the case. It's a legal term that is required in order for the case to even be considered.

If a case has no chance whatsoever to succeed, it is generally considered frivolous and is dismissed at the git-go. "Likelihood to succeed" only indicates a non-zero chance of succeeding, i.e that it is not entirely frivolous.

[FreeReign]

"Likelihood to succeed" is not a value judgment on the merits of the case. It's a legal term that is required in order for the case to even be considered. If a case has no chance whatsoever to succeed, it is generally considered frivolous and is dismissed at the git-go. "Likelihood to succeed" only indicates a non-zero chance of succeeding, i.e that it is not entirely frivolous.

Preliminary injunction is an extraordinary remedy and are only granted when there is a "likelihood to succeed".

I believe "likelihood to succeed" means exactly what it sounds like.

[Williams]

Wrong.

Likely to succeed on the merits is indeed a preliminary determination that you are likely to succeed. That’s one of the requirements for a court to issue an injunction, and has nothing to do with dismissing the case or not.

If you aren’t likely to succeed the court won’t take the extraordinary step of issuing orders before the case is completed.

The problem is even if we win before this judge, this will eventually go to the PA Supreme Court, dominated by liberals who created many of the improper procedures.

So then the question will be to what degree the US Supreme Court will review the decision of the PA Supreme Court on a question of interpreting the PA Constitution.

[Vendome]

[lee martell]

Thanks for making that clear. My champagne remains corked.

[TexasGurl24]

The six essential prerequisites that a moving party must demonstrate to obtain a preliminary injunction are as follows: (1) the injunction is necessary to prevent immediate and irreparable harm that cannot be compensated adequately by damages; (2) greater injury would result from refusing the injunction than from granting it, and, concomitantly, the issuance of an injunction will not substantially harm other interested parties in the proceedings; (3) the preliminary injunction will properly restore the parties to their status as it existed immediately prior to the alleged wrongful conduct; (4) the party seeking injunctive relief has a clear right to relief and is likely to prevail on the merits; (5) the injunction is reasonably suited to abate the offending activity; and, (6) the preliminary injunction will not adversely affect the public interest. Warehime v. Warehime, 860 A.2d 41, 46-47 (Pa. 2004)

[Rockingham]

I disagree. A finding of likelihood of success on the merits for a preliminary injunction commonly shapes the case toward a settlement favoring the plaintiff or a decision for the plaintiff at the final hearing.

[SamAdams76]

"Likelihood to succeed" is not a value judgment on the merits of the case. It's a legal term that is required in order for the case to even be considered.

You are 100% WRONG. See below legal definition.

Likelihood of success on the merits is one of the factors considered by a court in determining whether to grant a preliminary injunction to a plaintiff. Because a preliminary injunction is an extraordinary remedy, this factors is important because it establishes that the plaintiff will probably win the case anyway.

Injunction is being granted because it is seen that the plaintiff is likely to win.