The judge denied the original motion to hear the case based on the parameters set forth in a statute known as the
Winters standard. This is the standard by which actions seeking
injunctive relief are judged on their merit. On July 28, 2010, the Ninth Circuit Court of Appeals modified its position on the test used to determine the element, “likelihood of success on the merits” when granting or denying injunctive relief under the
Winters decision. The circuit court reaffirmed the use of its sliding scale method, finding it consistent with
Winters.