Actions at equity

Question 1

Preliminary injunction standard

Answer 1

A plaintiff seeking a preliminary injunction must establish that:

(1) she is likely to succeed on the merits;
(2) she is likely to suffer irreparable harm in the absence of relief;
(3) the balance of equities is in her favor; and
(4) the injunction is in the best interest of the public.

Question 2

Diversity jurisdiction

Answer 2

A court with diversity jurisdiction can hear a claim for preliminary injunctive relief.

Question 3

Temporary restraining order

Answer 3

A temporary restraining order (TRO) preserves the status quo of the parties until there is an opportunity to hold a full hearing on the application for a preliminary injunction.

This interlocutory injunction may remain in effect:

• only a limited number of days, to be set by the court; and
• no longer than 14 days unless:(a) good cause exists or
  (b) the adversary consents.

Question 4

Temporary restraining order: ex parte

Answer 4

A court can issue a temporary restraining order without notice to the adverse party if:

(1) The moving party can establish, under written oath, that immediate and irreparable injury will result prior to hearing the adverse party’s opposition; and
(2) The attorney of the party seeking the order certifies in writing:

* any efforts made to give notice and 
* the reasons why notice should not be required. 

If the TRO is issued without notice, the adverse party:

• may appear and move to dissolve or modify the TRO, but
• must give the party who obtained the TRO two days’ notice unless a shorter time is set by the court.

Question 5

Temporary restraining order: appeals

Answer 5

TROs are not generally immediately appealable—unless they have the effect of an injunction, as when the court extends the length of the TRO beyond the time limit specified in the rules.

Question 6

Permanent injunction

Answer 6

The standard for a permanent injunction is essentially the same as for a preliminary injunction except that the plaintiff must show actual success on the merits.

Question 7

Bond requirement

Answer 7

The party seeking a TRO or preliminary injunction must post a bond to cover the costs in the event the TRO or preliminary injunction is issued wrongfully.