Dewhurst v. Century Aluminum Company

19 Citing cases

  1. Dewhurst v. Century Aluminum Co.

    649 F.3d 287 (4th Cir. 2011)   Cited 282 times   2 Legal Analyses
    Affirming a district court's denial of a preliminary injunction after finding that the plaintiff was unlikely to succeed on the merits of its underlying claim

    Following the December 2009 transfer of the case to the United States District Court for the Southern District of West Virginia, that court denied the Retirees' motion for a preliminary injunction, finding in a comprehensive order and opinion that the Retirees failed to establish a likelihood of success on the merits. Dewhurst v. Century Aluminum Co., 731 F.Supp.2d 506 (S.D.W.Va.2010). The Retirees now appeal, and we have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1).

  2. Dewhurst v. Century Aluminum Co.

    Civil Action No. 2:09-1546 (S.D.W. Va. Sep. 9, 2015)   Cited 3 times   1 Legal Analyses

    On June 24, 2010, the court denied plaintiffs' motion for a preliminary injunction. See Dewhurst v. Century Aluminum Co., 731 F. Supp.2d 506 (S.D. W. Va. 2010). On June 30, 2010, plaintiffs noticed their appeal of that ruling.

  3. Robertson v. Colvin

    CIVIL ACTION NO. 3:16-2113 (S.D.W. Va. Jun. 17, 2016)   Cited 2 times

    "Granting the ultimate relief requested, even temporarily, at an early point in the case, often prior to the issues even being joined in the pleadings, seems rightly reserved for only the most compelling of cases." Dewhurst v. Century Aluminum Co., 731 F. Supp. 2d 506, 514 (S.D.W. Va. 2010). In order to obtain a preliminary injunction, a party must establish four elements: "[1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in the public interest."

  4. Blenko v. Cabell Huntington Hosp.

    Civil Action 3:21-0315 (S.D.W. Va. Oct. 8, 2021)   Cited 1 times

    Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 22 (2008). “Granting the ultimate relief requested, even temporarily, at an early point in the case, often prior to the issues even being joined in the pleadings, seems rightly reserved for only the most compelling of cases.” Dewhurst v. Century Aluminum Co., 731 F.Supp.2d 506, 514 (S.D. W.Va. 2010), aff'd, 649 F.3d 287 (4th Cir. 2011).

  5. Forloine v. Coben

    Civil Action 3:23-0450 (S.D.W. Va. Sep. 12, 2023)   Cited 1 times

    Dewhurst v. Century Aluminum Co., 731 F.Supp.2d 506, 514 (S.D. W.Va. 2010).

  6. Forloine v. Coben

    Civil Action 3:23-0450 (S.D.W. Va. Aug. 1, 2023)

    Dewhurst v. Century Aluminum Co., 731 F.Supp.2d 506, 514 (S.D. W.Va. 2010).

  7. Sogefi U.S., Inc. v. Interplex Sunbelt, Inc.

    538 F. Supp. 3d 620 (S.D.W. Va. 2021)   Cited 1 times
    In Sogefi, the court concluded that it could enjoin a defendant who received sufficient notice of the motion for preliminary injunction prior to service, particularly when service was impending, because a strict rule requiring service before an injunction could inhibit the court's ability to maintain the status quo with an injunction.

    "Granting the ultimate relief requested, even temporarily, at an early point in the case, often prior to the issues even being joined in the pleadings, seems rightly reserved for only the most compelling of cases." Dewhurst v. Century Aluminum Co. , 731 F. Supp. 2d 506, 514 (S.D. W. Va. 2010), aff'd , 649 F.3d 287 (4th Cir. 2011). In order to obtain a preliminary injunction, a party must establish four elements: "[1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in the public interest."

  8. Balt. City Lodge No. 3 of the Fraternal Order of Police, Inc. v. Balt. Police Dep't

    Civil Action No. 1:16-cv-3309-ELH (D. Md. Jul. 28, 2017)

    Conversely, "[a]lthough normal rules of contract interpretation are applied more loosely in the context of collective bargaining agreements, courts nevertheless will bar extrinsic evidence that is inconsistent with an unambiguous writing." Carr v. Philips Elecs. N. Am. Corp., 41 F. App'x 637, 641 (4th Cir. 2002) (per curiam); accord Dewhurst v. Century Aluminum Co., 731 F. Supp. 2d 506, 515 (S.D.W. Va. 2010), aff'd, 649 F.3d 287 (4th Cir. 2011). See, e.g., Carr v. Philips Elecs. N. Am. Corp., 41 F. App'x 637, 641 (4th Cir. 2002) (per curiam); Pace v. Honolulu Disposal Serv., Inc., 227 F.3d 1150, 1157-58 (9th Cir. 2000); Brown-Graves Co. v. Cent. States, Southeast & Southwest Areas Pension Fund, 206 F.3d 680, 683 (6th Cir. 2000) (declining to consider extrinsic evidence of an informal arrangement between employer and union where collective bargaining agreement was unambiguous)

  9. Wood v. Berryhill

    CIVIL ACTION NO. 2:16-6502 (S.D.W. Va. Feb. 10, 2017)

    "Granting the ultimate relief requested, even temporarily, at an early point in the case, often prior to the issues even being joined in the pleadings, seems rightly reserved for only the most compelling of cases." Dewhurst v. Century Aluminum Co., 731 F. Supp. 2d 506, 514 (S.D.W. Va. 2010). In order to obtain a preliminary injunction, a party must establish four elements: "[1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in the public interest."

  10. Milam v. Berryhill

    CIVIL ACTION NO. 2:16-6002 (S.D.W. Va. Feb. 10, 2017)

    "Granting the ultimate relief requested, even temporarily, at an early point in the case, often prior to the issues even being joined in the pleadings, seems rightly reserved for only the most compelling of cases." Dewhurst v. CenturyAluminum Co., 731 F. Supp. 2d 506, 514 (S.D.W. Va. 2010). In order to obtain a preliminary injunction, a party must establish four elements: "[1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in the public interest."