OHIO Part 57

1. Likelihood of Success on the Merits

The first element, likelihood of success on the merits, requires a determination of whether a plaintiff can succeed in proving its case on any one of the claims set forth in its Complaint. For instance, if a plaintiff alleges breach of contract in its Complaint, the court will analyze whether the plaintiff can fulfill the elements of a breach of contract claim, i.e., (1) that a contract existed; (2) that the complaining party fulfilled its contractual obligations; (3) that the opposing party failed to fulfill its obligations; and (4) that the complaining party incurred damages as a result of this failure. At this stage, a party need not prove by a preponderance of the evidence that it will prevail, but it must satisfy the court that it has a likelihood of success on the merits of its claims.