Preliminary Injunctions In NY: Watch Where You File

Law360, New York (April 14, 2010, 11:43 AM EDT) -- In a recent decision, the Second Circuit reaffirmed its “serious question” standard for preliminary injunctions, rejecting an argument that it was inconsistent with recent Supreme Court precedent.

In Citigroup Global Markets Inc. v. VCG Special Opportunities, the Second Circuit affirmed the district court’s grant of a preliminary injunction that prohibited arbitration, applying the serious question standard, which permits the movant to demonstrate — in lieu of a likelihood of success on the merits — a serious question that makes the merits a fair ground for trial...
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