Also known as: interlocutory injunctions · interim injunction · preliminary injunction
Written by attorneys · grounded in primary & secondary sources — see below
An equitable remedy that grants provisional relief to prevent irreparable harm to the plaintiff pending final adjudication of the dispute. The court evaluates the threat of irreparable harm if relief is denied, the consequences to the defendant if relief is granted, the probability of success on the merits, and the interests of third parties and the public. The order remains in force only until final hearing or further court action.
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Willow Acres faces repeated aerial pesticide drift from neighboring Plains AgroCorp that endangers its organic certification and specialty contracts. Willow moves for an interlocutory injunction. The court weighs the extent of threatened irreparable harm to Willow against the operational burdens an order would impose on Plains and the public interest in food supply before deciding whether to grant provisional relief.
Pioneer Marine learns late Friday that the City of Chesapeake will revoke its sole early-morning berthing slot at dawn. Pioneer files a verified complaint and motion for a temporary restraining order after one unsuccessful call to opposing counsel. The court issues the interlocutory injunction ex parte because notice would allow the city to accelerate the change and moot the relief.
Limited partners of a partnership sue to halt alleged self-dealing by the general partner that threatens partnership assets. The partnership appoints a special litigation committee. The court grants an interlocutory injunction as extraordinary relief to preserve the status quo while the committee investigates whether pursuing the claims serves the partnership's best interests.
PixelNest alleges NimbusCloud's software modules divert users and damage goodwill. NimbusCloud warns that an injunction would disrupt services for thousands of unrelated customers. The court assesses the extent of the threat of irreparable harm to PixelNest if no interlocutory injunction issues before weighing that harm against the consequences to NimbusCloud.
The Gazette moves for a preliminary injunction against CityBuzz's automated reposting of paywalled articles. The court requires the Gazette to post security in an amount sufficient to cover costs and damages if CityBuzz is later found to have been wrongfully enjoined. The United States is not required to give security in a parallel government action.
Dustin seeks a preliminary injunction barring Coastal from mandatory overtime scheduling. The district court denies the request but imposes monitoring and limited scheduling adjustments. The court states its findings of fact and conclusions of law supporting the denial of the interlocutory injunction as required for immediate appellate review.
The court considers the threat of irreparable harm to the plaintiff if relief is denied, the consequences to the defendant if relief is granted, the probability of success on the merits, and the interests of third parties and the public. It also evaluates the practicability of framing and enforcing the order. These factors are assessed provisionally before final hearing.
Supporting sources
…declaratory and injunctive relief. Each provision was challenged as unconstitutional on its face. The District Court entered a preliminary injunction against the enforcement of the regulations, and, after a 3-day bench trial, held all the provisions at issue here unconstitutional, entering a permanent injunction against Pennsylvania's…
…1971), cert. denied, 406 U. S. 906 (1972); Hicks v. Crown Zellerbach Corp. , 319 F. Supp. 314, 319-321 (ED La. 1970) (issuing preliminary injunction), 321 F. Supp. 1241, 1244 (1971) (issuing permanent
…judicial proceedings were in process. Indeed, in June 1979, when the District Court granted, in part, appellees’ motion for a preliminary injunction
…BCRA §§201 and 311, were unconstitutional as applied to Hillary and the ads. The District Court denied Citizens United a preliminary injunction
…16-1-20.1, and 16-1-20.2.[^maj-17] On August 2, 1982, the District Court held an evidentiary hearing on appellees' motion for a preliminary injunction. At that hearing, State Senator Donald G. Holmes testified that he was the "prime sponsor" of the bill that was enacted in 1981 as § 16-1-20.1.[^maj-18] He explained that the bill was an…
A court may issue a preliminary injunction only on notice to the adverse party. When an order is issued without notice, the motion for a preliminary injunction must be set for hearing at the earliest possible time. The order must state the date and hour of issuance, describe the injury and why it is irreparable, explain why notice was not given, and be promptly filed.
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The court may issue a preliminary injunction or temporary restraining order only if the movant gives security in an amount the court considers proper to pay costs and damages sustained by any party found to have been wrongfully enjoined. The United States, its officers, and its agencies are exempt from this requirement.
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In granting or refusing an interlocutory injunction the court must state the findings and conclusions that support its action. These findings may appear in an opinion or memorandum of decision. The requirement ensures meaningful appellate review of the provisional equitable determination.
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The hardship likely to result to the defendant if an injunction is granted may more easily justify withholding an interlocutory injunction than a permanent one. Conversely, the hardship the plaintiff will probably suffer if relief is denied may make provisional relief imperative even when the same showing would not support a permanent injunction. The court measures relative hardship with a different yardstick at the interlocutory stage because of the provisional and temporary character of the relief.
Supporting sources