Also known as: preliminary injunction · preliminary injunctive relief
Written by attorneys · grounded in primary & secondary sources — see below
An equitable remedy by which a court orders a party to take or refrain from specified actions during the pendency of litigation. The remedy requires notice to the adverse party and security in an amount the court deems proper to cover costs and damages if the injunction is later found wrongful. Courts exercise discretion after weighing factors including the threat of irreparable harm, the balance of hardships, the movant's likelihood of success on the merits, and the public interest.
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Pearl Porter filed suit against Premier Manufacturing alleging ongoing trespass by pesticide drift onto her organic fields. She moved for a preliminary injunction without first notifying the company. The court refused to issue the order until Premier received notice and an opportunity to be heard on the motion.
Philip Powell, a limited partner in a venture, brought a derivative action against the general partner for self-dealing. He sought a preliminary injunction to halt further transfers of partnership assets. The court considered whether to grant the extraordinary relief after the partnership appointed a special litigation committee.
Paige Porter obtained a preliminary injunction halting Precision Tools from using disputed trade secrets. The court required her to post a bond in an amount sufficient to cover any costs and damages Precision Tools might sustain if the injunction later proved wrongful.
Portia Price sued on behalf of a class of investors alleging securities violations. The district court scheduled a hearing on the motion for preliminary injunction to determine whether the class could shift notice costs to the defendants based on a strong showing of likely success.
Penelope Price, operating a clinic, obtained an injunction establishing buffer zones around the facility to protect patients from protesters. The appellate court reviewed the scope of the order to ensure it did not burden more speech than necessary to serve the government's interests.
Pacific Bank sought a preliminary injunction compelling Gulf Oil to continue supplying fuel under an existing contract after Gulf threatened to cut off deliveries. The court examined whether the threatened breach would cause irreparable harm that damages could not adequately remedy.
A court compares the threat of irreparable harm if the injunction is denied, the hardship an injunction would impose on the defendant, the plaintiff's likelihood of success on the merits, and the public interest. Additional equitable considerations include the nature of the interest at stake, the adequacy of money damages, any delay by the plaintiff, and the practicality of framing and enforcing the order.
Yes. The court may issue a preliminary injunction 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 and its agencies are exempt from this requirement.
…Board of Education announced a program to establish three boys-only schools for inner-city youth; it was met with a lawsuit, a preliminary injunction was swiftly entered by a District Court that purported to rely on Hogan , see Garrett v. Board of Ed. of School Dist. of Detroit , 775 F. Supp. 1004, 1006 (ED Mich. 1991), and the…
…of the class members in this case, the expenses of defending these actions." 52 F. R. D., at 269. Analogizing to the laws of preliminary injunctions, the court decided to impose the notice cost on respondents if petitioner could show a strong likelihood of success on the merits, and it scheduled a
…authorizing injunctions); CBS Inc. v. Davis , 510 U. S. 1315 (1994) (Blackmun, J., in chambers) (setting aside state-court
…mandatory injunctions requiring Gulf to perform the contract in accordance with its terms. By agreement of the parties, a
…Circuit Judge - Citation: 54 F.3d 1262 (7th Cir. 1995) Opinion of Judge Flaum Plaintiff PepsiCo, Inc., sought a preliminary injunction
No. The 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 and the party who obtained the order must proceed with the motion or the court must dissolve it.
A preliminary injunction requires notice to the adverse party and may last until the case is resolved or modified by the court. A temporary restraining order may issue without notice in exigent circumstances but expires after a short period, typically no more than fourteen days, unless extended for good cause.
No. Even when a plaintiff alleges a continuing trespass or nuisance, the court must conduct a comparative appraisal of irreparable harm, hardship, delay, likelihood of success, and public interests rather than granting relief as of right.