3rd Circ. Tells Courts How To Balance Clashing Stay Factors

Law360, New York ( October 19, 2015, 12:06 PM EDT) -- The U.S. Court of Appeals for the Third Circuit recently issued a rare opinion addressing the analysis courts should undertake when considering a request to stay a trial court judgment or order pending appeal. The four-part test for evaluating a stay request is well-established. Courts consider: (1) whether the party seeking a stay has made a strong showing of likely success on appeal; (2) whether the applicant will be irreparably injured if a stay is not granted; (3) whether issuance of the stay will substantially injure other parties in the case; and (4) where the public interest lies. But most appellate rulings on stay requests consist of short, non-precedential orders granting or denying the stay without any analysis. The court therefore used this recent decision to explain how the four-part test should be applied....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!