sliding scale standard in Virgin Islands

2015Election Comm’n, 575 F.3d 342, 346-47 (4th Cir. 2009) (holding that Winter requires a sequential test), vacated on other grounds by 559 U.S. 1089 , 130 S.Ct. 2371 , 176 L.Ed. 2d 764 (2010), with Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1134 (9th Cir. 2011) (‘[W]e join the Seventh and the Second Circuits in concluding that the ‘serious questions’ version of the sliding scale test for preliminary injunctions remains viable after the Supreme Court’s decision in Winter.’)”).

2013Ed. 2d 764 (2010), with Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1134 (9th Cir. 2011) (“[W]e join the Seventh and the Second Circuits in concluding that the ‘ serious questions ’ version of the sliding scale test for preliminary inj unctions remains viable after the Supreme Court’s decision in Winter.”); see also Rachel A. Weisshaar, Hazy Shades of Winter: Resolving the Circuit Split over Preliminary Injunctions, 65 Vand.

2025“To prevail on a motion for preliminary injunction, the moving party bears the burden of ‘making some showing on all four injunction factors,’ which the Superior Court must evaluate under a sliding-scale standard.’” /d. at 584 (quoting 3RC & Co., 63 V.I. at 557)) 438 “In conducting this sliding-scale analysis, the Superior Court must make findings on each of the four factors and determine whether — when the factors are considered together and weighed against one another the moving party has made ‘a clear showing that [it] is entitled to [injunctive] relief.’” 3RC & Co., 63 V.I. at 557 (quoting

2025“To prevail on a motion for preliminary injunction, the moving party bears the burden of ‘making some showing on all four injunction factors,’ which the Superior Court must evaluate under a sliding-scale standard.’” /d. at 584 (quoting 3RC & Co., 63 V.I. at 557)) 438 “In conducting this sliding-scale analysis, the Superior Court must make findings on each of the four factors and determine whether — when the factors are considered together and weighed against one another the moving party has made ‘a clear showing that [it] is entitled to [injunctive] relief.’” 3RC & Co., 63 V.I. at 557 (quoting

2017In addition, this Court has explained that although the party requesting a preliminary injunction “has the burden of making some showing on all four injunction factors,” it remains the responsibility of “the Superior Court [to] evaluate the moving party’s showing on all four factors under a sliding-scale standard,” in which “the Superior Court must make findings on each of the four factors and determine whether — when the factors are considered together and weighed against one another—the moving party has made ‘a clear showing that [it] is entitled to [injunctive] relief.’ ” 3RC & Co. v. Boyne

2016In evaluating the injunctive motion, the Supreme Court instructed that the Superior Court “must evaluate the moving party’s showing on all four factors under a sliding scale standard.” Id.

2015And under the sliding-scale standard, the Superior Court may grant an injunction with an even weaker showing on the merits than that articulated in Yusuf if the Superior Court concludes that the moving party has made a strong enough showing on the other three factors to nonetheless establish “a clear showing that [it] is entitled to [injunctive] relief.” Id. at 847; see also Citigroup Global Markets, Inc. v. VCG Special Opportunities Master Fund Ltd., 598 F.3d 30, 35 (2d Cir. 2010) (a trial court may “grant a preliminary injunction in situations where it cannot determine with certainty that th

2015Election Comm’n, 575 F.3d 342, 346-47 (4th Cir. 2009) (holding that Winter requires a sequential test), vacated on other grounds by 559 U.S. 1089 , 130 S.Ct. 2371 , 176 L.Ed. 2d 764 (2010), with Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1134 (9th Cir. 2011) (‘[W]e join the Seventh and the Second Circuits in concluding that the ‘serious questions’ version of the sliding scale test for preliminary injunctions remains viable after the Supreme Court’s decision in Winter.’)”).