A long delay in seeking a preliminary injunction implies a lack of urgency and irreparable harm.
A newspaper publisher sought a preliminary injunction to enjoin its competitors from using exclusivity provisions in feature contracts, alleging these provisions violated the Sherman Act. To obtain a preliminary injunction, a party must demonstrate a likelihood of success on the merits and a possibility of irreparable injury, or serious questions going to the merits and a balance of hardships tipping in the party's favor. These formulations exist on a sliding scale where the required degree of irreparable harm increases as the probability of success decreases. Because the plaintiff failed to demonstrate a significant threat of irreparable injury and its long delay in seeking relief implied a lack of urgency, the court affirmed the denial of the injunction.
At page 1376 Demonstrating significant threat of irreparable injury for injunction134 citing cases“these two formulations represent two points on a sliding scale in which the required degree of irreparable harm increases as the probability of success decreases.”
- Dalrada Fin. Corp. v. Bonar, No. 3:24-cv-02166 (S.D. Cal. Oct. 10, 2025).(Under any formulation of the test, plaintiff must demonstrate 14 || that there exists a significant threat of irreparable injury. Because the [plaintiff] has not 15 ||made that minimum showing we need not decide whethe…)
- C.R. v. PLB Mgmt. LLC, No. 2:21-cv-03275 (C.D. Cal. Jan. 31, 2023). (Under any formulation 13 of the [Winter] test, plaintiff must demonstrate that there exists a significant threat of 14 irreparable injury.)
- Aurora World, Inc. v. Ty Inc., 719 F. Supp. 2d 1115 (C.D. Cal. 2009).published(Plaintiff [newspaper] initially claims injury because it will lose circulation and revenue, but as plaintiff seems to admit, this involves purely monetary harm measurable in damages)
- Kevin B. Williams v. Transworld Sys. Inc., et al., No. 4:25-cv-09527 (N.D. Cal. Nov. 26, 2025).(Because [Plaintiff] has not made that minimum 6 showing [that there exists a significant threat of irreparable injury,] we need not decide whether 7 [his claim] is likely to succeed on the merits.)
- Athey Creek Christian Fellowship v. Clackamas Cnty., No. 3:22-cv-01717 (D. Or. Mar. 16, 2023).([A p]laintiff must demonstrate that there exists a significant threat of irreparable injury . . . . [If a plaintiff does not make] that minimum showing, [a court] need not decide whether it is likely to succeed on the…)
- (PS) Rile v. Land Home Fin. Servs. Inc, No. 2:24-cv-00184 (E.D. Cal. June 7, 2024).Oakland Tribune, 762 F.2d at 1376.
- (PS) Halajian v. JP Morgan Chase Bank, NA, No. 2:23-cv-01522 (E.D. Cal. Jan. 22, 2024).Oakland Tribune, 762 F.2d at 1376.
- (PC) Johnson v. Unknown FBI Agents, No. 2:22-cv-01375 (E.D. Cal. May 24, 2023).Oakland Tribune, 762 F.2d at 1376.
- (PS) Rogers v. Jones, No. 2:22-cv-01955 (E.D. Cal. Apr. 11, 2023).Oakland Tribune, 762 F.2d at 1376.
- (PS) Montano v. Small Bus. Admin., No. 2:22-cv-01753 (E.D. Cal. Apr. 11, 2023).Oakland Tribune, 762 F.2d at 1376.
Show 117 more citing cases
- (PC) Wilson v. Mercado, No. 1:22-cv-00278 (E.D. Cal. Mar. 7, 2023).Oakland Tribune, 762 F.2d at 1376.
- (PS) Hanible v. Cnty. of Solano Sheriff's Off., No. 2:21-cv-01315 (E.D. Cal. Jan. 11, 2022).Oakland Tribune, 762 F.2d at 1376.
- (PS) Ortiz v. Markey, No. 2:21-cv-01221 (E.D. Cal. Sept. 16, 2021).“Under any formulation of the test, 3 || plaintiff must demonstrate that there exists a significant threat of irreparable injury”
- (PC) Yocom v. Allison, No. 2:21-cv-00311 (E.D. Cal. Sept. 3, 2021).Oakland Tribune, 762 F.2d at 1376. 26 “Under any formulation of the test, plaintiff must demonstrate that there exists a 27 significant threat of irreparable injury.” Id.
- Misuraca v. Washington Cnty. Det. Ctr./Jail, No. 3:20-cv-01597 (D. Or. July 2, 2021).“need not decide whether it is likely to succeed on the merits”
- Wildearth Guardians v. Bail, No. 2:20-cv-00440 (E.D. Wash. Apr. 20, 2021). “plaintiff must demonstrate that there exists a significant threat of irreparable 6 injury”
- Vill. of Gambell v. Hodel, 774 F.2d 1414 (9th Cir. 1985).published
- Tribal Vill. of Akutan v. Donald P. Hodel, 792 F.2d 1376 (9th Cir. 1986).published
- Pac. West Cable Co. v. City of Sacramento, California & Cnty. of Sacramento, California, 798 F.2d 353 (9th Cir. 1986).published
- Lucas v. Bechtel Corp., 800 F.2d 839 (9th Cir. 1986).published
- Sierra Club v. Marsh, 816 F.2d 1376 (9th Cir. 1987).published
- Jt. Bd. of Control of the Flathead, Mission & Jocko Irrigation Districts v. United States, 832 F.2d 1127 (9th Cir. 1987).published
- United States v. Odessa Union Warehouse Co-Op Cecil A. Schell Edward Sewall Marvin Kleyn, 833 F.2d 172 (9th Cir. 1987).published
- 47 Fair empl.prac.cas. 614, 47 Empl. Prac. Dec. P 38,189 Peter G. Fong v. John C. Lawn, Adm'r, Drug Enf't Admin. United States Dep't of Just., Drug Enf't Admin., 851 F.2d 1559 (9th Cir. 1988).published
- Nos. 86-4102, 86-4140, 859 F.2d 681 (9th Cir. 1988).published
- Big Country Foods, Inc. v. Bd. of Educ., 868 F.2d 1085 (9th Cir. 1989).published
- State of California v. Am. Stores Co. Alpha Beta Acquisition Corp. Lucky Stores, Inc., 872 F.2d 837 (9th Cir. 1989).published
- James W. Menefield v. James Rowland, Robert Borg, 891 F.2d 295 (9th Cir. 1989).unpublished
- Taylor ex rel. Taylor v. Honig, 910 F.2d 627 (9th Cir. 1990).published
- Edward Diamontiney, Cross-Appellant v. Robert G. Borg, Cross-Appellee, 918 F.2d 793 (9th Cir. 1990).published
- Colvin McCright Jr. v. Michael Santoki R.G. Borg, 977 F.2d 590 (9th Cir. 1992).unpublished
- Melvin Munroe Littrell v. State of Arizona, 978 F.2d 1265 (9th Cir. 1992).unpublished
- United States v. Nutri-Cology, Inc., D/B/A Allergy Rsch. Grp. Biocurrents, Inc. Stephen A. Levine Susan D. Levine, 982 F.2d 394 (9th Cir. 1992).published
- Michael D. Jacobs v. Ron Angelone, 995 F.2d 231 (9th Cir. 1993).unpublished
- James Wilburn Menefield v. L. Stradley, 996 F.2d 1226 (9th Cir. 1993).unpublished
- Kenny Jackson v. V. Williamson Hubbard K.A. Par.-Reese Caton Williams Larson, 9 F.3d 1551 (9th Cir. 1993).unpublished
- Steven Derrick Irvin v. Nadim Khaury, M.D. S. Shaw, 26 F.3d 130 (9th Cir. 1994).unpublished
- Mark S. Nelson v. John Ignacio John Chambers, Lt., Roger Jacobs William Valentine, 28 F.3d 107 (9th Cir. 1994).unpublished
- Carl v. Dumler v. Oregon State Prison Manfred F. Maass, 29 F.3d 631 (9th Cir. 1994).unpublished
- Douglas L. Hadsell v. Manfred Maass, Superintendent, Douglas L. Hadsell v. Manfred Maass, Superintendent, 29 F.3d 632 (9th Cir. 1994).unpublished
- Westlands Water Dist. San Benito Cnty. Water Dist. San Luis Water Dist. Panoche Water Dist. v. Nat. Resources Def. Council United Anglers of California Save San Francisco Bay Ass'n California Waterfowl Ass'n Sierra Club Bay Inst. of San Francisco Env't Def. Fund, Intervenors v. United States Dep't of Interior United States Dep't of Reclamation United States Fish & Wildlife Serv. Bruce Babbitt, in His Off. Capacity as the Sec'y of the Interior United States Dep't of Com. the Nat'l Marine Fisheries Serv. & Ronald Brown, in His Off. Capacity as Sec'y of Com., Westlands Water Dist. San Benito Cnty. Water Dist. San Luis Water Dist. Panoche Water Dist. v. United States Dep't of Interior United States Dep't of Reclamation United States Fish & Wildlife Serv., & Bruce Babbitt, in His Off. Capacity as the Sec'y of the Interior United States Dep't of Com. the Nat'l Marine Fisheries Serv. & Ronald Brown, in His Off. Capacity as Sec'y of Com., & Nat. Resources Def. Council United Anglers of California Save San Francisco Bay Ass'n California Waterfowl Ass'n Sierra Club Bay Inst. of San Francisco Env't Def. Fund, Defendants-Intervenors-Appellants. Westlands Water Dist. San Benito Cnty. Water Dist. v. United States Dep't of Interior United States Dep't of Reclamation United States Fish & Wildlife Serv. v. Grassland Water Dist. & Grassland Resource Conservation Dist., Defendants-Intervenors-Appellants, 43 F.3d 457 (9th Cir. 1994).published
- Scott A. McMillan v. Rudy Camacho, Dist. Dir. of Customs, 43 F.3d 1479 (9th Cir. 1994).unpublished
- Tulare Cnty. Audubon Soc. v. Espy, 50 F.3d 16 (9th Cir. 1995).unpublished
- Amwest Sur. Ins. Co. v. Reno, 52 F.3d 332 (9th Cir. 1995).published
- No. 94-17117, 53 F.3d 340 (9th Cir. 1995).published
- Villegas v. Gomez, 53 F.3d 341 (9th Cir. 1995).published
- Triad Sys. Corp., a California Corp., & Jeffrey J. Lederman Michael J. Madison v. Se. Express Co., a Georgia De Facto P'ship, Dba Se. Brokerage Co. & Dba Se. Sys., Triad Sys. Corp., a California Corp. v. Se. Express Co., a Georgia De Facto P'ship, Dba Se. Brokerage Co. & Dba Se. Sys. Se. Express Sys., Inc., a Georgia Corp. George Barnes, an Individual Kevin Clar, an Individual & Gerry Wambolt, an Individual, 64 F.3d 1330 (9th Cir. 1995).published
- Int'l Ass'n of Plumbing & Mech. Officials v. Int'l Conf. of Bldg. Officials, 79 F.3d 1153 (9th Cir. 1996).unpublished
- Rogers v. United States, 94 F.3d 652 (7th Cir. 1996).unpublished
- Thomas v. Lewis, 105 F.3d 666 (9th Cir. 1996).unpublished
- Kenneth O. Ashelman v. Samuel A. Lewis, Dir., Adoc Bob Goldsmith, Reg'l Warden Alfred Grijalva, Deputy Warden Walter Walton, Chaplain, 124 F.3d 210 (9th Cir. 1997).unpublished
- BABY TAM & CO., INC., a Nevada Corp., Plaintiff-Appellant, v. CITY OF LAS VEGAS, Defendant-Appellee, 154 F.3d 1097 (9th Cir. 1998).published
- Chinatown Neighborhood Ass'n v. Edmund Brown, Jr., 539 F. App'x 761 (9th Cir. 2013).unpublished
- DeMasters v. State of Mont., 656 F. Supp. 21 (D. Mont. 1986).published
- Env't Now! v. Espy, 877 F. Supp. 1397 (E.D. Cal. 1994).published
- Love v. Thomas, 668 F. Supp. 1443 (D. Or. 1987).published
- Amalgamated Transit Union, Local 1277 v. SunLine Transit Agency, 663 F. Supp. 1560 (C.D. Cal. 1987).published
- United States v. State of Or., 699 F. Supp. 1456 (D. Or. 1988).published
- Kaiser v. Cnty. of Sacramento, 780 F. Supp. 1309 (E.D. Cal. 1991).published
- Anheuser-Busch, Inc. v. Customer Co., Inc., 947 F. Supp. 422 (N.D. Cal. 1996).published
- Rothstein v. Montana State Supreme Court, 638 F. Supp. 1311 (D. Mont. 1986).published
- Lee v. Oregon, 869 F. Supp. 1491 (D. Or. 1994).published
- Cabo Distrib. Co., Inc. v. Brady, 821 F. Supp. 582 (N.D. Cal. 1992).published
- United States v. Laerdal Mfg. Corp., 853 F. Supp. 1219 (D. Or. 1994).published
- United States v. State of Or., 675 F. Supp. 1249 (D. Or. 1987).published
- Int'l Molders' & Allied Workers' Local Union No. 164 v. Nelson, 643 F. Supp. 884 (N.D. Cal. 1986).published
- Brooktree Corp. v. Advanced Micro Devices, Inc., 705 F. Supp. 491 (S.D. Cal. 1988).published
- California Ex Rel. Van De Kamp v. Am. Stores Co., 697 F. Supp. 1125 (C.D. Cal. 1988).published
- R.L. Winston Rod Co. v. Sage Mfg. Co., 838 F. Supp. 1396 (D. Mont. 1993).published
- Snap-On Tools Corp. v. Vetter, 838 F. Supp. 468 (D. Mont. 1993).published
- Bacus v. Palo Verde Unified Sch. Dist. Bd. of Educ., 11 F. Supp. 2d 1192 (C.D. Cal. 1998).published
- Hawaii Ex Rel. Anzai v. Gannett Pac. Corp., 99 F. Supp. 2d 1241 (D. Haw. 1999).published
- Dotster, Inc. v. Internet Corp. for Assig. Names & Num., 296 F. Supp. 2d 1159 (C.D. Cal. 2003).published
- Pulaski v. Chrisman, 352 F. Supp. 2d 1105 (C.D. Cal. 2005).published
- Qwest Commc'ns Corp. v. City of Berkeley, 146 F. Supp. 2d 1081 (N.D. Cal. 2001).published
- Gen. Motors Corp. v. Let's Make a Deal, 223 F. Supp. 2d 1183 (D. Nev. 2002).published
- Miracle Blade, LLC v. Ebrands Com. Grp., LLC, 207 F. Supp. 2d 1136 (D. Nev. 2002).published
- Cottonwood Christian Ctr. v. Cypress Redevelopment Agency, 218 F. Supp. 2d 1203 (C.D. Cal. 2002).published
- Am. Ass'n of People With Disabilities v. Shelley, 324 F. Supp. 2d 1120 (C.D. Cal. 2004).published
- Thermion, Inc. v. Thermion Metalizing Sys. Ltd., 423 F. Supp. 2d 1146 (W.D. Wash. 2006).published
- California v. Sutter Health Sys., 130 F. Supp. 2d 1109 (N.D. Cal. 2001).published
- Wal-Mart Stores, Inc. v. Cnty. of Clark, 125 F. Supp. 2d 420 (D. Nev. 1999).published
- Price v. City of Stockton, Cal., 394 F. Supp. 2d 1256 (E.D. Cal. 2005).published
- High Sierra Hikers Ass'n v. United States Forest Serv., 436 F. Supp. 2d 1117 (E.D. Cal. 2006).published
- SMC Promotions, Inc. v. SMC Promotions, 355 F. Supp. 2d 1127 (C.D. Cal. 2005).published
- Planned Parenthood of Idaho, Inc. v. Wasden, 376 F. Supp. 2d 1012 (D. Idaho 2005).published
- Ford Motor Co. v. Todocheene Ex Rel. Todocheene, 258 F. Supp. 2d 1038 (D. Ariz. 2002).published
- Ford Motor Co. v. Todocheene, 221 F. Supp. 2d 1070 (D. Ariz. 2002).published
- Ogunleye v. Arizona, 66 F. Supp. 2d 1104 (D. Ariz. 1999).published
- Greater Yellowstone Coalition v. Reese, 392 F. Supp. 2d 1234 (D. Idaho 2005).published
- W. Watersheds Proj. v. Bennett, 392 F. Supp. 2d 1217 (D. Idaho 2005).published
- California v. Sutter Health Sys., 84 F. Supp. 2d 1057 (N.D. Cal. 2000).published
- Schneider v. California Dep't of Corr., 91 F. Supp. 2d 1316 (N.D. Cal. 2000).published
- Matthews v. Nat'l Collegiate Athletic Ass'n, 79 F. Supp. 2d 1199 (E.D. Wash. 1999).published
- E. & J. Gallo Winery v. Andina Licores S.A., 440 F. Supp. 2d 1134 (E.D. Cal. 2006).published
- Comm. for Idaho's High Desert v. Collinge, 148 F. Supp. 2d 1097 (D. Idaho 2001).published
- Westlands Water Dist. v. Nat. Resources Def. Council, 43 F.3d 457 (9th Cir. 1994).published
- Triad Sys. Corp. v. Se. Express Co., 64 F.3d 1330 (9th Cir. 1995).published
- Nvst.com Inc. v. Nvest, LLP, 32 F. App'x 207 (9th Cir. 2002).unpublished
- Fouts v. Cnty. of Clark, 32 F. App'x 337 (9th Cir. 2002).unpublished
- Agency Solutions.Com, LLC v. Trizetto Grp., Inc., 819 F. Supp. 2d 1001 (E.D. Cal. 2011).published
- Stark v. Diageo Chateau & Est. Wines Co., 907 F. Supp. 2d 1042 (N.D. Cal. 2012).published
- Columbia Ins. v. Seescandy.Com, 185 F.R.D. 573 (N.D. Cal. 1999).published
- United States v. Oregon, 666 F. Supp. 1461 (D. Or. 1987).published
- United States v. Oregon, 699 F. Supp. 1456 (D. Or. 1988).published
- Numrich v. Gleason, 700 F. Supp. 512 (D. Or. 1988).published
- Fong v. Lawn, 851 F.2d 1559 (9th Cir. 1988).published
- Portland Feminist Women's Health Ctr. v. Advocates for Life, Inc., 859 F.2d 681 (9th Cir. 1988).published
- United States v. Oregon, 675 F. Supp. 1249 (D. Or. 1987).published
- (PC) Ausborn v. CHCF California, No. 2:19-cv-00960 (E.D. Cal. Sept. 13, 2019).
- (PS) Austin v. Tetrault, No. 2:20-cv-00216 (E.D. Cal. Apr. 29, 2020).
- (PC) Hardy v. Morris, No. 2:13-cv-00726 (E.D. Cal. Nov. 23, 2020).
- (PS) Johnson v. FBI, No. 2:20-cv-02214 (E.D. Cal. Jan. 8, 2021).
- Johnston v. Allison, No. 3:19-cv-00616 (S.D. Cal. June 23, 2020).
- Great N. Resources, Inc. v. Coba, No. 3:20-cv-01866 (D. Or. Nov. 20, 2020).
- Fujikura Composite Am., Inc. v. Dee, No. 3:24-cv-00782 (S.D. Cal. June 28, 2024).
- Arcamuzi v. Cont'l Air Lines, Inc., 819 F.2d 935 (9th Cir. 1987).published
- Michael Alexander Christopher v. James Gomez B.J. Bunnell C/o Gaboa C/o Gabbie C/o Yoder, 26 F.3d 129 (9th Cir. 1994).unpublished
- Cant Strip Corp. of Am., an Arizona Corp. v. Schuller Int'l, Inc, a Delaware Corp. Dba Manville Roofing Sys., 36 F.3d 1102 (9th Cir. 1994).unpublished
- Harry James Seagrave v. James K. Rowland, 46 F.3d 1145 (9th Cir. 1995).unpublished
- Robert P. Smith, III v. James H. Gomez, 89 F.3d 846 (9th Cir. 1996).unpublished
- Vargas v. Reno, 966 F. Supp. 1537 (S.D. Cal. 1997).published
- Westlands Water Dist. v. Patterson, 900 F. Supp. 1304 (E.D. Cal. 1995).published
- Graphic Commc'ns Conf.-Int'l Bhd. of Teamsters Local 404M v. Bakersfield Californian, 541 F. Supp. 2d 1117 (E.D. Cal. 2008).published
- W. Land Exch. Proj. v. Dombeck, 47 F. Supp. 2d 1216 (D. Or. 1999).published
- Microsoft Corp. v. Very Competitive Comput. Prods. Corp., 671 F. Supp. 1250 (N.D. Cal. 1987).published
- Marin All. for Med. Marijuana v. Holder, 866 F. Supp. 2d 1142 (N.D. Cal. 2011).published
At page 1377 Delay in seeking injunction implies lack of urgency and harm53 citing cases“plaintiff's long delay before seeking a preliminary injunction implies a lack of urgency and irreparable harm.”
- Armored Grp. LLC v. Lutzker, No. 2:24-cv-01516 (D. Ariz. Feb. 18, 2025).(Where no new harm is imminent, and where no compelling 5 reason is apparent, the district court was not required to issue a preliminary injunction 6 against a practice which has continued unchallenged for several years…)
- M.H. v. Jeppesen, No. 1:22-cv-00409 (D. Idaho Dec. 31, 2024).(Plaintiff’s long delay before seeking a preliminary injunction implies a lack of urgency and irreparable harm.)
- C.R. v. PLB Mgmt. LLC, No. 2:21-cv-03275 (C.D. Cal. Jan. 31, 2023). See Oakland Trib., 762 F.2d at 1376 (“Under any formulation 13 of the [Winter] test, plaintiff must demonstrate that there exists a significant threat of 14 irreparable injury.”). 15 Moreover, the Court notes that, at this late stage, prel…
- Jessica Miracle v. Katie Hobbs, 808 F. App'x 470 (9th Cir. 2020).unpublished(Where no new harm is imminent, and where no compelling reason is apparent, the district court was not required to issue a preliminary injunction against a practice which has continued unchallenged for several years.)
- Joseph Cuviello v. City of Vallejo, 944 F.3d 816 (9th Cir. 2019).published (Plaintiff’s long delay before seeking a preliminary injunction implies a lack of urgency and irreparable harm.)
- Centerline Logistics Corp. v. United States Dep't of Labor, No. 2026-2773 (D.D.C. Aug. 18, 2026).published(Plaintiff’s long delay before seeking a preliminary injunction implies a lack of urgency and irreparable harm.)
- Promo Shop, Inc. v. Jackalope, Inc. & Jackalope, LLC, No. 1:25-cv-00094 (D. Idaho Mar. 3, 2026).(Plaintiff's long delay in seeking a preliminary injunction implies a lack of urgency and irreparable harm.)
- Martin, No. 3:26-cv-00298 (D. Or. Feb. 18, 2026).(Plaintiff’s long delay before seeking a preliminary injunction implies a lack of urgency and irreparable harm.)
- Cuagliotti v. Mesa, City of, No. 2:24-cv-02970 (D. Ariz. July 11, 2025).(Plaintiff’s long delay before seeking a 14 preliminary injunction implies a lack of urgency and irreparable harm.)
- Helen Doe v. Thomas Horne, 115 F.4th 1083 (9th Cir. 2024).published(Plaintiff’s long delay before seeking a preliminary injunction implies a lack of urgency and irreparable harm.)
Show 43 more citing cases
- Peridot Tree WA Inc v. Washington State Liquor & Cannabis Control Bd., No. 3:23-cv-06111 (W.D. Wash. Jan. 5, 2024).(Plaintiff’s long delay before seeking a preliminary injunction implies a lack of urgency 17 and irreparable harm.)
- Colorado Motor Carriers Ass'n v. Town of Vail, No. 1:23-cv-02752 (D. Colo. Dec. 15, 2023).(Plaintiff’s long delay before seeking a preliminary injunction implies a lack of urgency and irreparable harm.)
- BigRentz, Inc. v. KGM Enter., LLC, No. 1:22-cv-00430 (D. Idaho Nov. 13, 2023).(Plaintiffs long delay in seeking a preliminary injunction implies a lack of urgency and irreparable harm.)
- Ikhana Grp., LLC v. Viking Air Ltd., No. 3:23-cv-01306 (S.D. Cal. Nov. 7, 2023).(Plaintiff’s long delay before seeking a 15 preliminary injunction implies a lack of urgency and irreparable harm.)
- Salient Power Solutions, LLC v. Cullari Indus., LLC, No. 1:23-cv-00479 (D. Colo. June 6, 2023).(Plaintiffs long delay before seeking a preliminary injunction implies a lack of urgency and irreparable harm.)
- Eller v. Automatic Data Processing, Inc., No. 3:23-cv-00943 (S.D. Cal. June 5, 2023).(Plaintiff’s long delay 15 before seeking a preliminary injunction implies a lack of urgency and irreparable harm.)
- DotC United, Inc. v. Google Asia Pac. Pte. Ltd., No. 3:22-cv-04990 (N.D. Cal. Apr. 7, 2023).(Plaintiff’s long delay before seeking a preliminary injunction implies a lack of 17 urgency and irreparable harm.)
- Oregon Nat. Desert Ass'n v. Bureau of Land Mgmt., No. 3:19-cv-01550 (D. Or. Mar. 29, 2022).(Plaintiff’s long delay before seeking a preliminary injunction implies a lack of urgency and irreparable harm.)
- Zamfir v. Casperlabs, LLC, 528 F. Supp. 3d 1136 (S.D. Cal. 2021).published(Plaintiff’s long delay before 3 seeking a preliminary injunction implies a lack of urgency and irreparable harm.)
- Friends of the Bitterroot v. Marten, No. 9:20-cv-00019 (D. Mont. Apr. 29, 2020).(Plaintiff’s long delay before seeking a preliminary injunction implies a lack of urgency and irreparable harm[.])
- Javo Beverage Co., Inc. v. California Extraction Ventures, Inc., No. 3:19-cv-01859 (S.D. Cal. Feb. 24, 2020).(Plaintiff’s long delay before seeking a 24 preliminary injunction implies a lack of urgency and irreparable harm.)
- Yu v. Queen's Med. Ctr., No. 1:19-cv-00258 (D. Haw. Jan. 21, 2020).(Plaintiff’s long delay before seeking a preliminary injunction implies a lack of urgency and irreparable harm.)
- Helena Hunters & Anglers Ass'n v. Marten, No. 9:19-cv-00047 (D. Mont. Oct. 9, 2019).(Plaintiff's long delay before seeking a preliminary injunction implies a lack of urgency and irreparable harm[.])
- State of California v. the Little Sisters of the Poor, 911 F.3d 558 (9th Cir. 2018).published(Plaintiff’s long delay before seeking a preliminary injunction implies a lack of urgency and irreparable harm)
- Cindy Garcia v. Google, Inc., 786 F.3d 733 (9th Cir. 2015).published (Plaintiff’s long delay before seeking a preliminary injunction implies a lack of urgency and irreparable harm.)
- Boldface Licensing + Branding v. By Lee Tillett, Inc., 940 F. Supp. 2d 1178 (C.D. Cal. 2013).published(Plaintiffs long delay before seeking a preliminary injunction implies a lack of urgency and irreparable harm.)
- Burnard v. Oregon State Hosp., No. 6:22-cv-01982 (D. Or. July 25, 2024).Cal. Jan. 31, 2023) (quoting Oakland Trib., Inc., 762 F.2d at 1377).
- In Re Meta Pixel Healthcare Litig., 647 F. Supp. 3d 778 (N.D. Cal. 2022).“the exclusivity provisions which plaintiff seeks to enjoin have been in effect for a number 12 of years”
- Int'l Ass'n of Plumbing & Mech. Officials v. Int'l Conf. of Bldg. Officials, 79 F.3d 1153 (9th Cir. 1996).unpublished
- Bob Gilder, Ken Green, John Inman, Rafe Botts v. Pga Tour, Inc., a Maryland Nonprofit Corp., 936 F.2d 417 (9th Cir. 1991).published
- Alejandro Rodriguez v. Timothy Robbins, 715 F.3d 1127 (9th Cir. 2013).published
- Sterling Sav. Ass'n v. Ryan, 751 F. Supp. 871 (E.D. Wash. 1990).published
- Legal Aid Soc. of Hawaii v. Legal Servs. Corp., 961 F. Supp. 1402 (D. Haw. 1997).published
- Lucasey Mfg. Corp. v. Anchor Pad Int'l, Inc., 698 F. Supp. 190 (N.D. Cal. 1988).published
- Arcsoft, Inc. v. Cyberlink Corp., 153 F. Supp. 3d 1057 (N.D. Cal. 2015).published
- Chattah v. Cegavske (Ballot Issue), 517 P.3d 241 (Nev. 2022).published
- Turchet v. Mayfield, No. 3:20-cv-01104 (N.D. Cal. Mar. 6, 2020).
- Cocina Cultura LLC v. State of Oregon, No. 3:20-cv-02022 (D. Or. Dec. 7, 2020).
- HydraFacial LLC, formerly known as Edge Sys. LLC v. Medicreations, LLC, No. 2:24-cv-00855 (D. Nev. Oct. 2, 2025).
- Rossow, No. 1:23-cv-00131 (D. Idaho Jan. 7, 2026).
- Fogerty v. Poor Boy Prods., Inc., 124 F.3d 211 (9th Cir. 1997).unpublished
- Am. Civil Liberties Union v. City of Las Vegas, 13 F. Supp. 2d 1064 (D. Nev. 1998).published
- Cindy Garcia v. Google, Inc., 743 F.3d 1258 (9th Cir. 2014).published
- Westlake Vill. etc. Med. Clinic v. Howell HealthCare, No. B250135 (Cal. Ct. App. May 29, 2014).unpublished
- The Arc of California v. Toby Douglas, 757 F.3d 975 (9th Cir. 2014).published
- Cindy Garcia v. Google, Inc., 766 F.3d 929 (9th Cir. 2014).published
- Sassman v. Brown, 73 F. Supp. 3d 1241 (E.D. Cal. 2014).published
- State v. Health & Human Servs., 390 F. Supp. 3d 1061 (N.D. Cal. 2019).published
- JL Beverage Co. v. Beam, Inc., 899 F. Supp. 2d 991 (D. Nev. 2012).published
- Youlin Wang v. Forensic Prof'l Grp. USA, Inc., No. 5:20-cv-08033 (N.D. Cal. Nov. 24, 2020).
- Doe v. Trump, No. 3:19-cv-01743 (D. Or. Nov. 2, 2019).
- Hope Med. Enter., Inc. v. Fagron Compounding Servs., LLC, No. 2:19-cv-07748 (C.D. Cal. July 7, 2020).
- Jensen Sr v. Biden Jr, No. 4:21-cv-05119 (E.D. Wash. Nov. 19, 2021).
At page 1378 “the district court's finding that plaintiff failed to show a significant threat of irreparable injury is not clearly erroneous. because such a showing is a prerequisite to a preliminary injunction, we need not decide whether plaintiff will eventually prevail in its claims.”5 citing cases
- Sovereign Inupiat for a Living Artic v. Bureau of Land Mgmt., No. 3:20-cv-00290 (D. Alaska Feb. 1, 2021).“the district court's finding that plaintiff failed to show a significant threat of irreparable injury is not clearly erroneous. because such a showing is a prerequisite to a preliminary injunction, we need not decide wh…”
- Ctr. for Biological Diversity v. Bureau of Land Mgmt., No. 3:20-cv-00308 (D. Alaska Feb. 1, 2021).“the district court's finding that plaintiff failed to show a significant threat of irreparable injury is not clearly erroneous. because such a showing is a prerequisite to a preliminary injunction, we need not decide wh…”
- Nat'l Audubon Soc'y v. Haaland, No. 3:20-cv-00205 (D. Alaska Jan. 5, 2021).“the district court's finding that plaintiff failed to show a significant threat of irreparable injury is not clearly erroneous. because such a showing is a prerequisite to a preliminary injunction, we need not decide wh…”
- Gwich'in Steering Comm. v. Haaland, No. 3:20-cv-00204 (D. Alaska Jan. 5, 2021).“the district court's finding that plaintiff failed to show a significant threat of irreparable injury is not clearly erroneous. because such a showing is a prerequisite to a preliminary injunction, we need not decide wh…”
- Native Vill. of Venetie Tribal Gov't v. Haaland, No. 3:20-cv-00223 (D. Alaska Jan. 5, 2021).“the district court's finding that plaintiff failed to show a significant threat of irreparable injury is not clearly erroneous. because such a showing is a prerequisite to a preliminary injunction, we need not decide wh…”
Other citing cases
- Wagner Aeronautical, Inc. v. Dotzenroth, No. 3:21-cv-00994 (S.D. Cal. Oct. 7, 2022).
- Goldwater Bank NA v. Caliber Home Loans Inc., No. 2:21-cv-01190 (D. Ariz. Oct. 6, 2021).
v.
The CHRONICLE PUBLISHING COMPANY, INC., the Hearst Corporation, and San Francisco Newspaper Printing Company, Inc., corporations
The Oakland Tribune appeals the district court’s denial of its motion for a preliminary injunction. Because it has not shown that defendants are causing irreparable injury, the denial is affirmed.
I. BACKGROUND
Defendant Chronicle Publishing Company (“Chronicle”) publishes the morning newspaper San Francisco Chronicle which is sold principally in San Francisco and the East Bay. Defendant Chronicle and defendant Hearst Corporation (“Hearst”) jointly publish the Sunday Examiner and Chronicle, a Sunday morning paper sold in both places. The joint publication itself is not challenged by plaintiff.
Besides stories written by their own staffs or by wire services, newspapers publish features. These include columns, articles, and cartoons and are generally sold by their creator to a syndicate that resells them to newspapers throughout the nation.
Hearst and Chronicle purchase features for their newspapers. The sales contracts have for many years included exclusivity provisions, which the parties concede are customary in the industry. The provisions forbid the syndicate to sell a feature to any newspaper other than the purchaser within a defined geographic area. The contracts are generally terminable by either party upon thirty days’ notice.
Plaintiff (“Tribune”) publishes the Oakland Tribune, also sold in San Francisco and the East Bay. In its complaint it sued[*1376] for violation of section 2 of the Sherman Act, alleging that defendants have monopolized the San Francisco market for morning newspapers and have attempted to monopolize the East Bay market for the same product. The Tribune claims that the exclusivity provisions contained in the defendants’ features contracts constitute the unlawful means by which they achieved or maintained their monopoly. See generally United States v. Grinnell Corp., 384 U.S. 563, 570-71, 86 S.Ct. 1698, 1703-04, 16 L.Ed.2d 778 (1966).
II. STANDARD OF REVIEW
Review of a ruling on a motion for a preliminary injunction is “very limited.” Apple Computer, Inc. v. Formula International, Inc., 725 F.2d 521, 523 (9th Cir. 1984). The decision to grant or deny is within the discretion of the trial court and will only be reversed if that discretion has been abused or if the decision is based on erroneous legal standards or clearly erroneous findings of fact. Id.; Sports Form, Inc. v. United Press International, Inc., 686 F.2d 750, 752 (9th Cir.1982); Los Angeles Memorial Coliseum Commission v. National Football League, 634 F.2d 1197, 1200 (9th Cir.1980).
III. DISCUSSION
1. Standard For Issuing a Preliminary Injunction
“To obtain a preliminary injunction, a party must show either (1) a likelihood of success on the merits and the possibility of irreparable injury, or (2) the existence of serious questions going to the merits and the balance of hardships tipping in its favor.” Apple Computer, 725 F.2d at 523; see also Los Angeles Memorial Coliseum, 634 F.2d at 1200-01. These two formulations represent two points on a sliding scale in which the required degree of irreparable harm increases as the probability of success decreases. See 634 F.2d at 1201. Under any formulation of the test, plaintiff must demonstrate that there exists a significant threat of irreparable injury. See American Passage Media Corp. v. Cass Communications, Inc., 750 F.2d 1470, 1473 (9th Cir.1985) (citing Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 130, 89 S.Ct. 1562, 1580, 23 L.Ed.2d 129 (1969)); Flynt Distributing Co. v. Harvey, 734 F.2d 1389, 1394 (9th Cir.1984)). Because the Tribune has not made that minimum showing we need not decide whether it is likely to succeed on the merits.
2. Irreparable Injury
Plaintiff initially claims injury because it will lose circulation and revenue, but as plaintiff seems to admit, this involves purely monetary harm measurable in damages.
Plaintiff also asserts that “readers who do not reject the paper but continue to buy it and read it with its deficiencies are provided with a product that cannot effectively deliver a full range of information, features and viewpoints.” This is potentially three separate arguments. First, on its surface, it appears to seek the injunction to prevent harm to plaintiff’s readers. But plaintiff’s reply brief indicates that it does not seek “standing to sue for the intangible losses suffered by its readers.” Cf. Stein v. United Artists Corp., 691 F.2d 885, 896 (9th Cir.1982) (shareholder and creditors of corporation lacked standing to sue where their injuries simply reflected injury to corporation allegedly harmed by antitrust violations); Meyer Goldberg, Inc. of Lorain v. Goldberg, 717 F.2d 290, 293-94 (6th Cir.1983) (similar).
Second, plaintiff has a more novel theory. “The ‘business’ of the Tribune is the distribution of information; that business is injured____ No measure of money damages can repair that injury.” No authority is cited for this argument which is not presented in plaintiff’s brief. We will not consider this novel question on the basis of the record and the arguments presented. See Thompson v. Commissioner, 631 F.2d 642, 649 (9th Cir.1980), cert. denied, 452 U.S. 961, 101 S.Ct. 3110, 69 L.Ed.2d 972 (1981).
[*1377] Plaintiff’s third and only colorable argument, then, is that it has suffered the loss of reputation, competitiveness, and goodwill and that these losses cannot be remedied. Assuming that in some cases lost reputation is irreparable, we must determine whether the trial court’s finding is clearly erroneous that no irreparable loss was caused by the exclusivity provisions. Plaintiff has not shown that the decline in its sales is caused by the exclusive feature contracts. In its brief to this court, plaintiff pointed to only two affidavits to demonstrate injury. In the first, Robert Maynard, the principal shareholder of plaintiff’s parent corporation, stated that defendants’ use of exclusivity provisions caused plaintiff’s market share to decrease. In the second, journalism professor Norman Isaacs, previously the editor of an Indiana newspaper, attested that as a general matter, when a newspaper is deprived of popular features, it is placed at a competitive disadvantage; Isaacs also attested that some features under contract to defendants are quite popular.
The weight to be given each of these statements is in the discretion of the trial court. See, e.g., Skar v. City of Lincoln, Nebraska, 599 F.2d 253, 259 (8th Cir.1979); Braceo v. Lackner, 462 F.Supp. 436, 442 n. 3 (N.D.Cal.1978). Professor Isaacs did not address the particular situation in issue, and Mr. Maynard provided only conclusory statements and was an interested party. See generally American Passage, 750 F.2d at 1473 (discounting probative value of conclusory affidavits by plaintiff's executives); Los Angeles Memorial Coliseum, 634 F.2d at 1201-02 (similar).
The court’s finding that plaintiff failed to sustain its burden is supported by three other arguments. Plaintiff’s long delay before seeking a preliminary injunction implies a lack of urgency and irreparable harm. E.g., Lydo Enterprises v. City of Las Vegas, 745 F.2d 1211, 1213-14 (9th Cir.1984); GTE Corp. v. Williams, 731 F.2d 676, 678-79 (10th Cir.1984). Plaintiff’s argument that the pendency of the 1984 presidential election made its situation desperate, is now moot. ■ Second, at the hearing, plaintiff’s counsel admitted he had no evidence that readers would change allegiance from plaintiff’s to • defendants’ papers because the latter carried Doonesbury, the feature identified by plaintiff throughout the proceedings as the most desirable. Third, plaintiff did not show that its circulation losses were attributable to the exclusivity provisions because of defendants’ showing that feature contracts are terminable by syndicators upon thirty days’ notice and plaintiff’s failure to show that it bid to wrest these features from defendant. See generally American Passage, 740 F.2d at 1473 (no foreclosure where plaintiff free to “market[] its own more attractive exclusive ... package”).
In addition to the affidavits discussed, plaintiff argues that because it is a newspaper, it is susceptible to a “downward spiral” in which decreasing circulation leads to diminished advertising revenues and vice versa until its editorial voice is snuffed out. Plaintiff also implies that the antitrust laws should especially protect newspapers because of their role in public debate. Of course, neither of these contentions will surmount plaintiff’s failure to prove that defendants’ allegedly unlawful actions caused its decline in circulation. Moreover, no authority is cited for the second proposition. Nor is any cited for the proposition that in the newspaper industry, decreased circulation is tantamount to irreparable harm. No evidence shows that the Tribune verges on bankruptcy.
Finally, we observe that “the basic function of a preliminary injunction is to preserve the status quo ante litem pending a determination of the action on the merits.” Los Angeles Memorial Coliseum, 634 F.2d at 1200. It is undisputed that the exclusivity provisions which plaintiff seeks to enjoin have been in effect for a number of years. Where no new harm is imminent, and where no compelling reason is apparent, the district court was not required to issue a preliminary injunction against a practice which has continued unchallenged for several years.
[*1378] The district court’s finding that plaintiff failed to show a significant threat of irreparable injury is not clearly erroneous. Because such a showing is a prerequisite to a preliminary injunction, we need not decide whether plaintiff will eventually prevail in its claims. The denial of the preliminary injunction is
AFFIRMED.