And further, at a PI hearing you’re really likely only going to challenge the other’s side’s likelihood of prevailing on the merits if there’s some obvious legal deficiency with the claim. Not if there’s merely a factual dispute.
Example…
A sues B for breach of contract and moves for a PI. But the contract wasn’t between A and B, it was between B and C. B will probably argue at the hearing that A has no likelihood of success on the merits because A was not a contracting party. This is the sort of legal issue that can result in there being a denial of a motion for a PI. If A has no legal ground to stand on, A CAN’T win at trial.
A sues B for breach of contract. A and B are the parties to the contract. A thinks the contract meant B had to deliver 100 apples. B thinks the contract meant B had to deliver all the apples B grew, and B only grew 50 so only delivered 50. B is unlikely to raise (or successfully raise) at the PI hearing that A has no likelihood of success on the merits. This is a mixed question of fact/law. It will require more detailed evidence. If A and B are both parties to the contract and there’s some reasonable reading under which A could be right about what the contract means, A probably will be found to have a likelihood of success on the merits in the limited context of a PI hearing.
All a PI is supposed to do is preserve the status quo pending trial. It is not a FULL decision on the merits of the underlying case. It is just a chance for the court to decide whether the case might actually go forward and if, pending that time, something needs to be done so one party (or the public) isn’t prejudiced in an “undoable” manner in the meantime.
Now, when we get to actual trial, B might win. A’s reading of the contract might be not credible. Or the fact finder might just not believe it. But there probably is still enough to show a likelihood of success on the merits in the context of a PI. It’s a pretty low bar. There has to be no obvious legal reason why the party cannot win. It does NOT mean that that party has or will have the better evidence at trial or will prevail at trial.