What is the "likelihood of success" test for an injunction seeking to prevent a bus driver from striking a bus stop?
MultiRegion, United States of America
The following excerpt is from Molloy v. Metropolitan Transp. Authority, 94 F.3d 808 (2nd Cir. 1996):
Able v. United States, 44 F.3d 128, 130 (2d Cir.1995) (per curiam). However, only the "likelihood of success" standard applies when the injunction seeks to prevent government action taken pursuant to statutory authority, which is presumed to be in the public interest. Id. at 131. We have held that certain conduct by New York's public transportation authorities constitutes such governmental action. See Urban League, 71 F.3d at 1036 n. 7.
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