Preliminary Injunction

A preliminary injunction, in equity, is an injunction entered by a court prior to a final determination of the merits of a legal case, in order to restrain a party from going ahead with a course of conduct or compelling a party to continue with a course of conduct until the case has been decided. If the case is decided against the party that has been enjoined, then the injunction will usually be made permanent. If the case is decided in favor of the party that has been enjoined, the injunction will usually be dissolved or dismissed.

In most courts in the United States, the party seeking the preliminary injunction must demonstrate all four things together:

  1. That there is a substantial likelihood of success on the merits of the case,
  2. That they face a substantial threat of irreparable damage or injury if the injunction is not granted,
  3. That the balance of harms weighs in favor of the party seeking the preliminary injunction
  4. That the grant of an injunction would serve the public interest.

The "balance of harms" refers to the threatened injury to the party seeking the preliminary injunction as compared to the harm that the other party may suffer from the injunction.

The United States Supreme Court revisited the requirements for obtaining a preliminary injunction in Winter v. NRDC, Inc., 555 U.S. 7 (2008). The Court changed one requirement just slightly:

"A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest."

Other articles related to "preliminary injunction":

Colorado Amendment 41 (2006) - Legal Reactions
... A state trial court of general jurisdiction in Denver, Colorado issued a preliminary injunction against the enforcement of Amendment 41 on U.S ... The state court in this case issued a preliminary injunction banning enforcement of the gift ban on First Amendment grounds during the pendency of the litigation ... On appeal to the Colorado Supreme Court, the preliminary injunction was then vacated on February 25, 2008, on the grounds that the suit was not ripe prior to the organization of the independent ethics commission ...
Philip Workman - Final Days
... Restraining Order precluding the State of Tennessee from executing Workman until a preliminary injunction hearing assesses the constitutionality of Tennessee's revised procedure for ... The district court issued a temporary restraining order, not a preliminary injunction ... The district court’s TRO cannot be magically transformed into a preliminary injunction, which is an appealable order, even though the State and a ...
Fox V. Franken - Judge's Decision
... Fox News Network, LLC ("Fox") has moved for a preliminary injunction enjoining defendants from, among other things, using the phrase "Fair and Balanced" in the title of the book, Lies and the Lying Liars Who ... Fox had not previously requested this relief, and the preliminary injunction motion will be heard in two days in any event ... This order is without prejudice to the parties' arguments on the preliminary injunction motion ...

Famous quotes containing the word preliminary:

    Religion is the state of being grasped by an ultimate concern, a concern which qualifies all other concerns as preliminary and which itself contains the answer to the question of a meaning of our life.
    Paul Tillich (1886–1965)