Spencer Fane attorney Jacob Hollars authored an article on a recent case out of the U.S. Court of Appeals for the Tenth Circuit that evaluated the court’s appellate jurisdiction for successive motions related to a preliminary injunction that was published in Law Week Colorado.
In his article, 10th Circuit Joins List of Appeals Courts Limiting Certain Appellate Jurisdiction, Jacob reviews the court’s decision in SEC v. Young and examines what happens if the court has already entered a preliminary injunction, the court has already denied a request to modify or dissolve that injunction, and that party later asks the district court again to modify or dissolve it while raising the same issues or issues that could have been raised in a prior motion
Jacob shared, “After Young, litigants in the Tenth Circuit will now need to make a strong showing to keep their appeal of a successive motion related to a preliminary injunction going. Unless the law or facts have changed in a way that makes continued enforcement of the injunction, or lack thereof, truly inequitable, the Tenth Circuit will likely tell the parties to come back after the case is over.”
At the firm, Jacob is a trial and appellate lawyer specializing in real estate, special district, and commercial matters. He represents clients through all phases of litigation in a wide variety of matters in both state and federal courts.
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