Equity Flashcards
Preliminary Injunctions
A preliminary injunction is an extraordinary remedy that issues only when justice requires, there is no adequate remedy at law, and there exists are a real and imminent danger of irreparable injury
Prelim Injunction Factors
HELP
1) Harm: danger that party seeking injunction will suffer irreparable harm if the injunction is not issue
- -this means plaintiff must show noncompensable injury for which there is no legal measurement of damages, or for which damages cannot be determined with sufficient degree of certainty
2) Evaluate risk if injunction is not granted: the risk that the party seeking the injury would be harmed more by the absence of an injunction than the opposing party would be granting injunctive relief
3) Likelihood of prevailing: likelihood that the party seeking the injunction will prevail on the merits
4) Public Interest: the harm to the public interest if the injunction is issued