Preliminary Injunctions

• eBay Inc. v. MercExchange L.L.C. 547 U.S. 388 (2006). Unanimous Thomas opinion that confused preliminary with permanent injunctions. e "How Supreme Court Justices Move the Law," Hasen, Richard.

• "Section 13(b) of the Federal Trade Commission Act provides “[u]pon a proper showing

that, weighing the equities and considering the Commission’s likelihood of ultimate success, such action would be in the public interest . . . a preliminary injunction may be granted . . . .” 15 U.S.C. § 53(b)."

This is better than the four-part test.