What is the test for determining whether a claim of irreparable harm will be successful in the ordinary course of litigation?
MultiRegion, United States of America
The following excerpt is from Small v. Kiley, 567 F.2d 163 (2nd Cir. 1977):
"The possibility that adequate compensatory or other corrective relief will be available at a later date, in the ordinary course of litigation, weighs heavily against a claim of irreparable harm." Virginia Petroleum Jobbers Ass'n v. FPC, 259 F.2d 921, 925 (D.C.Cir.1958). That is especially true where, as here, the court is asked to enjoin the very proceedings from which the "other corrective relief" might issue.
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