Cavel International, Inc. v. Madigan
United States Court of Appeals for the Seventh Circuit
500 F.3d 551 (7th Cir. 2007)
Cavel International (plaintiff) operated an Illinois horse-slaughtering plant exporting all its horse meat to Europe for human consumption, until Illinois passed an amendment banning horse slaughter for human consumption (while still permitting it for other purposes, like pet food); Cavel sued Illinois officials (defendants), arguing the amendment unconstitutionally burdened foreign commerce, and after losing at the district court, sought an injunction pending appeal, arguing the ban would put it out of business with no possibility of damages, only injunctive relief, if it ultimately won. Illinois argued the public would suffer irreparable harm from continued horse slaughter if the injunction were granted; the district court denied the injunction, and Cavel appealed to the Seventh Circuit.
Whether a plaintiff seeking an injunction pending appeal must make a strong showing of likely success on the merits, or whether a lesser showing suffices when the plaintiff would suffer substantial harm without the injunction and the defendant would not suffer substantial harm from it.