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