Preliminary injunction
Encyclopedia
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 forward 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 court
s in the United States
, the party seeking the preliminary injunction must demonstrate all four things together:
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."
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
entered by a court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
prior to a final determination of the merits of a legal case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
, in order to restrain
Restraining order
A restraining order or order of protection is a form of legal injunction that requires a party to do, or to refrain from doing, certain acts. A party that refuses to comply with an order faces criminal or civil penalties and may have to pay damages or accept sanctions...
a party from going forward 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
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
.
In most court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the party seeking the preliminary injunction must demonstrate all four things together:
- That there is a substantial likelihood of success on the merits of the case,
- That they face a substantial threat of irreparable damage or injuryIrreparable damage or injuryAn irreparable injury is, in equity, "the type of harm which no monetary compensation can cure or put conditions back the way they were." -The irreparable injury rule:...
if the injunction is not granted, - That the balance of harms weighs in favor of the party seeking the preliminary injunction
- That the grant of an injunction would serve the public interestPublic interestThe public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...
.
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.
Winter v. Natural Resources Defense Council
Winter v. Natural Resources Defense Council, 555 U.S. 7 , was a case heard before the United States Supreme Court on October 8, 2008 concerning the United States Navy ability to use sonar during drills causing possible harm to whales and other marine mammals.In balancing military preparedness...
, 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."