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IANAL but have anecdotally been involved in similar law to this case where I was told: Courts don't issue injunctions routinely "just to freeze things and be f
by fsckboy 6y ago
IANAL but have anecdotally been involved in similar law to this case where I was told:
Courts don't issue injunctions routinely "just to freeze things and be fair till the case plays out"; courts issue injunctions when the court considers that the party who seeks the injunction has a good claim and has every expectation of prevailing.
so by that measure, the judge freezing the assets means Citi has a good chance of getting its money back.
(also, I looked up Kelly v Solari on wikipedia and the case was from 1841. I don't think English Common Law from after US independence would apply)
- ary 6y agoU.S. law is based on English Common Law. https://en.wikipedia.org/wiki/Common_law#United_States https://en.wikipedia.org/wiki/Common_law#United_States
- fsckboy 6y agoEnglish Common Law prior to the American Revolution. Ongoing developments in UK will not affect American law. The date of the citation is well after that.
- wnoise 6y agoThere are levels of precedent. None of it is binding precedent, but courts can and occasionally do look at it as "persuasive precedent", much as courts in different US circuits will.