Also known as: provisional injunctions · preliminary injunction · temporary injunction · interlocutory injunction
Written by attorneys · grounded in primary & secondary sources — see below
A temporary equitable remedy by which a court orders a party to refrain from or perform certain acts pending final resolution of a dispute. The remedy prevents irreparable harm that cannot be adequately remedied by money damages at the conclusion of the case. Appropriateness turns on the threat of such harm to the plaintiff, the consequences of relief for the defendant, the probability of success on the merits, and the public interest.
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Patrick Phan and neighboring tenants sued a developer for excessive noise and dust from a high-rise site. They moved for a provisional injunction to halt pile-driving before trial. The court weighed the tenants' ongoing health effects against the developer's shutdown costs and schedule penalties, then denied relief because the balance of interim hardships and public interest in housing construction favored allowing work to continue.
Phuong Pham sued her former employer for trade-secret misappropriation and sought a provisional injunction to stop use of confidential data. The court refused to schedule the motion until the employer received formal notice and an opportunity to appear. Without that notice the provisional injunction could not issue even though the alleged harm was severe.
Pearl Porter, a limited partner, filed a derivative suit alleging the general partner was diverting partnership funds. She moved for a provisional injunction to freeze accounts pending investigation by a special litigation committee. The court granted the extraordinary relief because the partnership statute expressly authorizes temporary restraining orders or preliminary injunctions in such proceedings.
Priya Prasad, owner of Evergreen Court retirement complex, sued Apex Pharma Labs after rooftop vents released intermittent chemical odors. She moved for a provisional injunction limiting vent operations before trial. The court focused on the extent of the threat that loss of long-term tenants and reputational damage would cause irreparable harm that money damages could not later repair.
Portia Price, operator of Pioneer Marine, obtained a provisional injunction blocking a new berthing schedule that threatened perishable cargo. The court required her to post security in an amount sufficient to cover costs and damages if the port were later found wrongfully restrained. The United States was not required to post any bond in a parallel proceeding.
Pamela Phillips moved for a provisional injunction to halt overnight sandblasting that ruined her short summer rental season. The court denied the motion but entered an order stating its findings on irreparable harm, balance of hardships, and likelihood of success. Those findings allowed immediate appellate review of the denial under the governing rule.
A court focuses on the extent of the threat of irreparable harm to the plaintiff if relief is denied, the consequences that interim relief would impose on the defendant, the probability that the plaintiff will succeed on the merits, and the public interest. These factors are assessed on the record as it exists before final hearing rather than after a full trial.
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…fails to correct the violation through informal methods, it may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or…
…declaratory and injunctive relief. Each provision was challenged as unconstitutional on its face. The District Court entered a
…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
Yes. The court may issue a provisional injunction only after the adverse party receives notice and an opportunity to be heard. An order issued without notice violates the governing procedural rule even if the underlying claim appears strong.
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The statute permits the court to grant extraordinary relief in the form of a temporary restraining order or provisional injunction when a limited partner brings a derivative proceeding and the partnership has appointed a special litigation committee. The relief preserves the status quo while the committee investigates.
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The court gives primary weight to the extent of the threat that the plaintiff will suffer harm that cannot be fully remedied by a later money judgment. Loss of a unique, time-limited opportunity such as a short rental season or long-term tenant relationships typically qualifies as irreparable.
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Yes. The movant must give security in an amount the court deems proper to cover costs and damages if the injunction is later found wrongful. The United States and its agencies are exempt from this requirement.
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The court must state the findings of fact and conclusions of law that support its decision. These findings enable immediate appellate review and clarify the basis for the interlocutory order.
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