Costello v. McEnery’s Empirical Analysis
1991
Citation profile
2 district ·
How this case has been cited
Cited by 13 later decisions — most recently September 2015
2 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Elrod v. Burns · Sampson v. Murray · Daniel v. Security Pacific National Bank · Doran v. Salem Inn, Inc. · California Department of Transportation v. Naegele Outdoor Advertising Co. of California
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The Second Circuit has observed that ‘[preliminary injunctions are generally granted under the theory that there is an urgent need for speedy action to protect the plaintiffs’ rights. Delay in seeking enforcement of those rights, however, tends to indicate at least a reduced need for such drastic, speedy action .... Although a particular period of delay may not rise to the level of laches and thereby bar a permanent injunction, it may still indicate an absence of the kind of irreparable harm required to support a preliminary injunction.’ ... The Second Circuit [has] further held that ‘[l]ack of diligence, standing alone, may ... ’preclude the granting of preliminary injunctive relief, because it goes primarily to the issue of irreparable harm ....” Costello v. McEnery, 767 F.Supp. 72, 78 [S.D.N.Y.1991] (citing Borey v. National Union Fire Insurance Company of Pittsburgh, 934 F.2d 30 , 33-34 [2d Cir.1991]; Majorica, S.A. v. R.H. Macy & Co., Inc., 762 F.2d 7, 8 [2d Cir. 1985]).... “This delay in seeking relief bolsters the Court’s conclusion that theré has been an insufficient showing of irreparable harm to justify issuance of a preliminary injunction.” Costello, 767 F.Supp. at 75 .”
2 later decisions quote this exact passage · from the majority“[W]e fail to understand how a chilling of the right to speak or associate could logically be thawed by the entry of an interim injunction, since the theoretical chilling of protected speech and union activities stems not from the interim discharge, but from the threat of permanent discharge, which is not vitiated by an interim injunction.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.