A stay has been granted at the Universal Ostrich Farms
United We Stand 🍁
@ChantaleBerger3
2h
BREAKING 🚨
A stay has been granted at the Universal Ostrich Farms. The families lawyer called with the news just seconds after morning prayer had ended.
Crying happy tears over here 😭
God is great 🙏
https://x.com/ChantaleBerger3/status/1970887655043829986
The standard for granting a court ordered Stay
When a judge grants a stay, it does not mean the case will most likely prevail on the merits, but it does indicate the court believes the moving party has met a significant legal burden. One of the most critical factors considered for a stay is demonstrating a likelihood of irreparable harm.
The standard for granting a stay
In federal courts, and many state courts, judges use a multi-factor test to decide whether to grant a discretionary stay, especially one pending an appeal. The moving party must typically show the following:
Likelihood of success on the merits. The court considers whether the party requesting the stay has a strong chance of ultimately winning the case. A strong showing here may lessen the burden on other factors.
Irreparable harm. The party must prove that they will suffer harm that cannot be fixed or compensated by monetary damages if the stay is not granted. This is often the most critical factor.
Balance of hardships. The judge must weigh the potential harm to the party requesting the stay against the harm the other parties will suffer if the stay is granted.
Public interest. The court considers how granting or denying the stay would affect the public.
A stay and irreparable harm
A judge's decision to grant a stay is a strong signal that they found the moving party's argument for irreparable harm persuasive. This is because:
Preventing "scrambled egg" cases: A stay is often issued to preserve the status quo. In many legal contexts, once certain actions or changes occur, they cannot be undone, even if the party later wins on appeal. For example, once information is disclosed or a policy is implemented, reversing that action is very difficult.
Extraordinary relief: A stay is considered an extraordinary remedy, and a court will not grant one lightly. The demonstration of imminent, irreparable harm is often the primary reason a judge concludes that the extraordinary measure of a stay is necessary.
Important caveats
Not a guarantee: Granting a stay is a procedural decision, not a final judgment on the merits of the case. While it indicates the court takes the harm seriously and sees a potential for the moving party to win, it is not a prediction of the ultimate outcome.
Varying standards: The importance of each factor can be weighed differently by different courts, and a strong showing on one factor can offset a weaker showing on another.
Context is key: The meaning of a stay is dependent on the specific circumstances. For instance, a stay pending an appeal has a different implication than a stay to compel arbitration or one issued automatically in a bankruptcy case.
BRAVE AI
https://www.law.cornell.edu/wex/irreparable_harm