DraftKings and FanDuel will appeal — DraftKings counsel David Boies already filed a notice of entry, which signals a coming appeal — and likely ask for
a stay of the preliminary injunction.
In his brief declaration Tuesday, Chief Judge Royce Lamberth dismissed the National Institutes of Health's (NIH's) request for
a stay of the preliminary injunction.
But in deference to the appeals court's
stay of the preliminary injunction, Lamberth will stay his own permanent injunction — or if not, the appeals court will stay it, Greely predicts.
By a 5 - 4 vote Nov. 5, the high court granted a request from voucher parents and the state of Ohio for
a stay of a preliminary injunction issued in August by U.S. District Judge Solomon Oliver Jr..
Not exact matches
Although Lamberth hasn't yet set a schedule for both sides to file documents in the case, the expectation is that he would not move ahead before the appeals court has made a decision about the Department
of Justice's (DOJ's) request to
stay the
preliminary injunction.
A federal appeals court on Tuesday granted a «
stay» that allows human embryonic stem cell (hESC) research to continue during an appeal
of a 23 August district court
preliminary injunction blocking it.
Puppies «N Love was granted a
preliminary injunction on April 2, which
stays enforcement
of the ordinance until the litigation is concluded.
Waiting Game For Now Currently the trial is in the
preliminary injunction stage, during which the court is is asked whether to
stay implementation
of the regulations.
The 9th Circuit order (PDF)
stays the
preliminary injunction granted in October by U.S. District Judge Derrick Watson, who had said the third travel ban «plainly discriminates based on nationality» in violation
of federal laws.
The test for a
stay of a mandatory order pending appeal is the same as the test in RJR - MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311 for an
injunction: First, a
preliminary assessment must be made
of the merits
of the case to ensure that there is a serious question to be tried.