Case Law Hayer v. Liverant

Hayer v. Liverant

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ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION

VINCE CHHABRIA, UNITED STATES DISTRICT JUDGE.

The motion for a preliminary injunction is granted. For good reason, Liverant does not dispute that the irreparable harm balance of equities, and public interest factors weigh in Hayer's favor. Accordingly, Hayer must show only “serious questions” going to the merits, “a lesser showing than likelihood of success.” Fellowship of Christian Athletes v. San Jose Unified School District Board of Education, 46 F.4th 1075, 1091 (9th Cir. 2022).

Hayer has done at least this much. She has established serious questions as to whether she is disabled and requires an emotional support animal to cope with her disability. And she has established serious questions as to whether Liverant effectively denied the accommodation by approaching the...

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