It is well established that courts consider the following four factors in determining whether to stay the effect of an order pending appeal: 1) whether the movant has made a strong showing of the likelihood of success on the merits; 2) whether the movant will suffer irreparable injury absent a stay; 3) whether a stay would substantially harm other parties with an interest in the litigation; and 4) whether a stay is in the public interest.
<b><i>In Re Revel AC</i></b>: The Third Circuit's Roadmap Around Equitable Mootness
Recently, the Third Circuit provided guidance on "how to conduct a balancing of the stay factors." While the court's analysis was not a shocking revelation, it provides significant guidance on the most effective way to avoid losing appeal rights to the hard-to-pin-down doctrine of equitable mootness.
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