4 ms·
My memory of listening to a real attorney discuss this [1] WP Engine showed they will be irreparably harmed, which in this case, means harmed in a way that cas
by x0x0 2y ago
My memory of listening to a real attorney discuss this [1]
WP Engine showed they will be irreparably harmed, which in this case, means harmed in a way that cash can't fix. Thus the judge is preserving the status quo ante while the suit is worked out. (see 31:52 [1]).
edit: requires
1. likelihood (not more likely than not to win, but must show a decent chance);
2. w/o relief, will suffer irreparable harm (as discussed above: can't fix w/ money)
3. balance of equities favors you (more fair to freeze);
4. public interest supports injunction
3 - 4 are, per Mike, fuzzy and "result driven". The most critical factors are success and harm.
Separately, there is a thing called "Promissory estoppel" where, even though you don't have a contract, you make a promise (Matt: wp.org is free forever to anyone), someone (WP Engine) relies on that promise to their detriment, and the plaintiff's reliance on that promise was reasonable. Discussion of promissory estoppel at 44:17 in [1]
[1] A discussion by attorney Mike Dunford, or so:
https://www.youtube.com/watch?v=DdwiZEhRS3o https://www.youtube.com/watch?v=DdwiZEhRS3o