In re World Trade Center Disaster

160 Citing cases

  1. Hyunhuy Nam v. Permanent Mission of the Republic of Korea to the United Nations

    21-CV-06165 (JLR) (S.D.N.Y. Mar. 10, 2023)

    In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007). The stay factors are a “sliding scale” in which “

  2. Carroll v. Trump

    635 F. Supp. 3d 229 (S.D.N.Y. 2022)   Cited 8 times
    Denying Mr. Trump's motion to substitute the United States for him as the defendant and to stay the action

    In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007) (quoting Hilton v. Braunskill, 481 U.S. 770, 776, 107 S.Ct. 2113, 95 L.Ed.2d 724 (1987)). First, Mr. Trump has not shown the requisite strong likelihood of success.

  3. Rivera v. Home Depot U.S.A. Inc.

    16-cv-7552 (KBF) (S.D.N.Y. Jun. 25, 2018)   Cited 1 times
    Waiving bond because Home Depot had "extremely deep pockets" and would be able to pay any judgment

    In deciding whether to order a stay pending appeal, the court must consider the "traditional" factors, including: "(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injury the other parties interested in the proceeding; and (4) where the public interest lies." Nken v. Holder, 556 U.S. 418, 426 (2009) (quoting Hilton v. Braunskill, 481 U.S. 770, 776 (1987)); see also In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007). The Second Circuit has further held that "the degree to which a factor must be present varies with the strength of the other factors, meaning that more of one factor excuses less of the other."

  4. Orthwestern National Insurance Company v. Insco

    866 F. Supp. 2d 214 (S.D.N.Y. 2011)   Cited 10 times
    Finding defendant not likely to succeed based on novelty even where there may be "no case squarely on point"

    Nken, 556 U.S. at 434, 129 S.Ct. 1749 (quoting Hilton v. Braunskill, 481 U.S. 770, 776, 107 S.Ct. 2113, 95 L.Ed.2d 724 (1987)). Accord In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167, 170 (2d Cir.2007); Mohammed v. Reno, 309 F.3d 95, 100 (2d Cir.2002).In re World Trade Ctr. Disaster Site Litig., 503 F.3d at 170 (quoting Thapa v. Gonzales, 460 F.3d 323, 334 (2d Cir.2006)).

  5. Northwestern Nat'l Ins. Co. v. Insco, Ltd.

    11 Civ. 1124 (SAS) (S.D.N.Y. Dec. 5, 2011)   1 Legal Analyses

    Nken, 556 U.S. at 560-61 (quoting Hilton v. Braunskill, 481 U.S. 770, 776 (1987)). Accord In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007); Mohammed v. Reno, 309 F.3d 95, 100 (2d Cir. 2002). In re World Trade Ctr. Disaster Site Litig., 503 F.3d at 170 (quoting Thapa v. Gonzales, 460 F.3d 323, 334 (2d Cir. 2006)).

  6. Tecnimed SRL v. Kidz-Med, Inc.

    10 Civ. 7277 (PGG) (S.D.N.Y. Feb. 10, 2011)

    "The four factors to be considered in issuing a stay pending appeal are well known: `(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.'" In re World Trade Center Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007) (quoting Hilton v. Braunskill, 481 U.S. 770, 776 (1987)). In considering these factors, "the degree to which a factor must be present varies with the strength of the other factors, meaning that "`more of one [factor] excuses less of the other.

  7. 461 7th Ave. Mkt. v. Delshah 461 Seventh Ave. (In re 461 7th Ave. Mkt.)

    No. 20-3555 (2d Cir. Dec. 15, 2021)   Cited 4 times

    A court must consider four well-established factors before deciding whether to issue a stay pending appeal: "(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies." In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007) (quoting Hilton v. Braunskill, 481 U.S. 770, 776 (1987)) (footnote omitted). The district court determined that Market had not made the required showing under this standard.

  8. Ameriway Corp. v. May Yan Chen

    19-CV-9407 (VSB) (S.D.N.Y. Dec. 2, 2024)

    The relevant factors are “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.” In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167 (2d Cir. 2007) (quoting Hilton v. Braunskill, 481 U.S. 770, 776 (1987)) (footnote omitted).

  9. Carroll v. Trump

    687 F. Supp. 3d 394 (S.D.N.Y. 2023)

    (citation omitted); In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007) ("The four factors to be considered in issuing a stay pending appeal are well known: '(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.' "

  10. Estevez v. Berkeley Coll.

    18-CV-10350 (CS) (S.D.N.Y. Jun. 6, 2022)   Cited 1 times

    In re World Trade Ctr. Disaster Site Litig., 503 F.3d 167, 170 (2d Cir. 2007) (cleaned up). The Second Circuit has “treated these criteria somewhat like a sliding scale, ” in that “the necessary ‘level' or ‘degree' of possibility of success will vary according to the court's assessment of the other stay factors” and “the probability of success that must be demonstrated is inversely proportional to the amount of irreparable injury plaintiff will suffer absent the stay.