Commercial Litigation and Arbitration

Preliminary Injunctions — Issues of First Impression

In the context of a pro se prisoner action, which may be telling, District Judge Peter Dorsey held in Vega v. Lantz, 2007 U.S. Dist. LEXIS 76640 (D. Conn. Oct. 15, 2007), held that ‛a motion for a preliminary injunction is not an appropriate stage for the court to look to precedent outside this circuit to decide a matter of first impression,“ citing an older District Court precedent for the more general proposition that ‛questions of first impression are best not resolved in the context of a motion for a preliminary injunction.“ It may also have been significant that the preliminary injunction motion was filed while a summary judgment motion was pending, leading the court to observe that: ‛Without controlling authority on point in this circuit, the Court will not conclude that Plaintiff is substantially likely to succeed on the merits his claim, especially considering that also pending at this time are the parties' cross-motions for summary judgment, which provide more appropriate opportunities for the Court to consider a matter of first impression in this circuit.“

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