The Online Resource for Massachusetts Poverty Law Advocates

Tri-City Community Action Program v. Malden

Date: 
01/22/2010
Author: 
Nancy Gertner, J., USDC

Judget Gertner found that a party can be deemed "prevailing" when it obtains a preliminary injunction upon a clear showing of likelihood of success on the merits, when the case is then mooted because the preliminary injunction gave plaintiff everything it needed. This issue had not previously been addressed in the First Circuit.

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