Friday, March 23, 2012

William Inglis & Sons Baking Co. v. ITT Continental Baking Co. case brief

William Inglis & Sons Baking Co. v. ITT Continental Baking Co.,
  • A baking company asked for a preliminary injunction against rival baking companies on the grounds that they were guilty of below-cost pricing.
  • Rule: A court should issue a preliminary injunction so long as the harm that may occur to the plaintiffs is sufficiently serious, and the moving party can show that there is a chance of success on the merits; the moving party is not required to show that he will likely succeed on the merits.
  • in presenting a case for a preliminary injunction, the primary focus is on the harm to the plaintiff if the preliminary injunction is not granted, rather than on the strength of the case on the merits.

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