The United States Court of Appeals for the Third Circuit recently issued a rare opinion addressing the analysis courts should undertake when considering a request to stay a trial court judgment or order pending appeal. The four-part test for evaluating a stay request is well-established. Courts consider: (1) whether the party seeking a stay has made a strong showing of likely success on appeal; (2) whether the applicant will be irreparably injured if a stay is not granted; (3) whether issuance of the stay will substantially injure other parties in the case; and (4) where the public interest lies. But most appellate rulings on stay requests consist of short, non-precedential orders granting or denying the stay without any analysis. The court therefore used this recent decision to explain how the four-part test should be applied.
Please click here to read the full Alert.
This Alert was republished in Law360. Click here to read the full article.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.