Also known as: preliminary injunctions · PI
Written by attorneys · grounded in primary & secondary sources — see below
An equitable remedy by which a court orders a party to act or refrain from acting. The order preserves the status quo and prevents irreparable harm pending a determination on the merits. A party seeking the remedy must show a likelihood of success on the merits, a likelihood of irreparable harm without relief, that the balance of equities tips in its favor, and that an injunction serves the public interest.
Peter Park sued Phoenix Technologies over disputed software code and moved for a preliminary injunction to halt further distribution. The court scheduled a hearing only after Phoenix Technologies received formal notice of the motion. With notice satisfied, the court evaluated the four equitable factors and granted the injunction to maintain the status quo.
Portia Price, a limited partner in Prosperity Investments, filed a derivative action alleging mismanagement by the general partner. She sought extraordinary relief in the form of a preliminary injunction to freeze partnership assets during the litigation. The court considered appointment of a special litigation committee before addressing the injunction request.
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Piper Patel owned residential property targeted for state acquisition. She sought a preliminary injunction to stop condemnation proceedings while challenging the taking's validity. The court weighed the likelihood of success against the risk of irreparable loss of unique land rights.
Priscilla Parks operated an online platform facing enforcement of a federal decency statute. She requested a preliminary injunction to prevent government blocking of user communications. The court assessed irreparable harm to free expression interests before trial.
Patrick Phan, a U.S. citizen with family abroad, challenged a presidential proclamation restricting entry from certain countries. He moved for a preliminary injunction to allow family members to travel pending full review. The court examined national security equities against individual hardship claims.
Paul Peterson operated a reproductive health clinic subject to new state reporting mandates. He sought a preliminary injunction to block enforcement until the regulations' constitutionality could be litigated. The court balanced the state's asserted interests against the clinic's operational burdens.
A party must demonstrate a likelihood of success on the merits. The party must also show a likelihood of irreparable harm without the injunction. The balance of equities must tip in the movant's favor. Finally, the injunction must serve the public interest.
The court may issue the order only after notice to the adverse party. Security must also be posted in an amount the court deems proper to cover costs if the injunction is later found wrongful.
A preliminary injunction requires formal notice and an adversarial hearing. A TRO may issue without notice in limited circumstances and expires within fourteen days unless extended.
The order prevents further harm to the rights holder while the case proceeds to final judgment. Courts apply the same equitable factors used in other civil actions.
…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…