Case Citator › American Trucking Associations, Inc. v. City of Los Angeles

American Trucking Associations, Inc. v. City of Los Angeles

Is it still good law? What later courts have actually done to this case.

Declined by some courts
Court
Ninth Circuit
Citation
559 F.3d 1046
Decided
Confirmed treatments
1
Flagged citations read
41 of 41
Citing cases (total)
41
Treatment dates
2010
Declined by some courts
At least one reviewed court has declined to follow this case. No reviewed court has overruled it. American Trucking Associations, Inc. v. City of Los Angeles was declined by the Second Circuit on its reading of the preliminary injunction standard. The Second Circuit expressly rejected its interpretation of Winter v. Natural Resources Defense Council and retained a flexible approach to likelihood of success.
More on how this was screened

All 41 flagged citations have been read; the confirmed treatment is listed below. Source review: Most nearby adverse words described American Trucking's recognition that Winter displaced part of the earlier Lands Council rule. Forest Guardians v. United States Forest Service (215158) initially returned only a withdrawal and substitution order; the complete substituted opinion reports the treatment of Lands Council, with no adverse treatment of American Trucking. Native Village of Point Hope v. Jewell (2650474) lacked the indexed citation in its majority text; duplicate versions (2650683 and 3066130) include a separate opinion with a history parenthetical only.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

41 later cases cite American Trucking Associations, Inc. v. City of Los Angeles; 41 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Declined to follow

  • The Second Circuit rejected American Trucking's interpretation of Winter and retained a flexible likelihood-of-success standard for preliminary injunctions.

    Citigroup Global Markets, Inc. v. VCG Special Opportunities Master Fund Ltd. · Second Circuit · filed

    We note that two of our sister circuits have retreated from a flexible approach in assessing the merits of a movant’s case in light of Winter. See Real Truth About Obama, 575 F.3d at 346-47; Am. Trucking Ass’ns, 559 F.3d at 1052. We think the Fourth and Ninth Circuits have misread Winter’s import.
    Read the full opinion on CourtListener →

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