Aviel v. Gor
Legal Issues
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Overview
Overview
The government appealed Judge Alikhan's preliminary injunction which requires Sara Aviel be kept at president of the Inter-American Foundation, prevent Peter Marocco from serving on the IAF board, and voids actions taken by Marocco during his time on the board.
The Issue
Issue
Whether the government's removal of Sara Aviel as president of the Inter-American Foundation and Peter Marocco's appointment to the IAF board comply with applicable law, and whether a preliminary injunction maintaining the status quo should be upheld pending resolution of the underlying merits.
The Rules
Rule
A preliminary injunction may be maintained if the party demonstrates: (1) likelihood of success on the merits; (2) irreparable harm absent the injunction; (3) balance of equities favoring issuance; and (4) that the injunction serves the public interest. The D.C. Circuit applies this four-factor test when reviewing preliminary relief decisions.
The Application
Analysis
Judge Alikhan found that Aviel demonstrated a likelihood of success on her claims regarding the lawfulness of her removal, faced irreparable harm from displacement, and that maintaining her position while voiding Marocco's actions and preventing his board service balanced the equities in favor of the injunction and served the public interest.
The Conclusion
Conclusion
The preliminary injunction was upheld, requiring Sara Aviel remain as president of the Inter-American Foundation, preventing Peter Marocco from serving on the IAF board, and voiding his prior actions.
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