Henry Pashby v. Albert Delia
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Later courts continue to apply its preliminary injunction, mootness, and bond rules. References to a preliminary injunction test that is “no longer good law” describe the older test Pashby itself rejected. Some later opinions attach “abrogated on other grounds” to Pashby, but the cited Stinnie v. Holcomb opinion quotes Pashby approvingly and does not overrule it; references to Winter v. Natural Resources Defense Council concern a decision issued before Pashby. The complete Diné Citizens Against Ruining Our Environment v. Jewell opinion contains no citation to Pashby, so that index match provides no treatment.
28 later cases cite Henry Pashby v. Albert Delia; 28 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 Henry Pashby v. Albert Delia?
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.
No reviewed court has overruled or limited this case.
Every one of the 28 flagged citations was read, and each turned out to be something other than adverse treatment: a routine application, a party's argument the court rejected, or the case itself discussing older law. That reading is the finding this page exists to report.
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