Stay Pending Appeal — Likelihood of Success

Judge Hudson of the Eastern District of Virginia ruled on January 16, 2007, that, even if an appellant cannot demonstrate a likelihood of prevailing on appeal, if the appellant raises a significant issue of first impression that the Court of Appeals may resolve differently, the appellant has ‛at least demonstrated a substantial case on the merits. A stay may therefore be appropriate if the other factors weigh in [appellant’s] favor." Miller v. Brown, 2007 U.S. Dist. LEXIS 3382 (E.D. Va. Jan. 16, 2007) (citation and quotation omitted).

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