Case Citator › Blackwelder Furniture Co. of Statesville, Inc. v. Seilig Manufacturing Co., Inc.

Blackwelder Furniture Co. of Statesville, Inc. v. Seilig Manufacturing Co., Inc.

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

Abrogated
Court
Fourth Circuit
Citation
550 F.2d 189
Decided
Confirmed treatments
1
Flagged citations read
34 of 34
Citing cases (total)
34
Treatment dates
2018
Abrogated
A reviewed court treats this case as abrogated by later authority. Blackwelder Furniture Co. v. Seilig Manufacturing Co.'s preliminary injunction test was abrogated. All 34 flagged citations have been read.
More on how this was screened

In Henderson v. Bluefield Hospital Co., the Fourth Circuit held that Winter v. Natural Resources Defense Council displaced Blackwelder's allowance for merely possible irreparable injury. The confirmed treatment is listed below. Blackwelder's separate reasoning about harm to business goodwill continues to be cited.

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.

34 later cases cite Blackwelder Furniture Co. of Statesville, Inc. v. Seilig Manufacturing Co., Inc.; 34 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.

Relying on Blackwelder Furniture Co. of Statesville, Inc. v. Seilig Manufacturing Co., Inc.?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • The Fourth Circuit held that Winter abrogated Blackwelder's preliminary injunction test, which could permit relief on a showing of merely possible irreparable injury.

    Henderson v. Bluefield Hospital Co., LLC · Fourth Circuit · filed

    While Muffley applied the traditional four-part test for preliminary injunctive relief articulated in Blackwelder Furniture Co. of Statesville, Inc. v. Seilig Manufacturing Co. , 550 F.2d 189 (4th Cir. 1977), which balanced various factors and, in certain circumstances, allowed a preliminary injunction to issue based on a showing of "a 'possible ' irreparable injury," id . at 196 (emphasis added), the Supreme Court in Winter held that a "possibility of irreparable injury" factor was "too lenient" for preliminary equitable relief, 555 U.S. at 22, 129 S.Ct. 365, thus abrogating the Blackwelder test. Instead, Winter requires a likelihood of irreparable injury, a higher standard.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

Describe your facts. Ezel reads Blackwelder Furniture Co. of Statesville, Inc. v. Seilig Manufacturing Co., Inc. and the cases that treated it, then tells you whether it still holds for your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace