Injunctive Relief

Question 1

What must a party prove to be entitled to a temporary injunction ?

Answer 1

A party must prove: (1) irreparable harm will result if the temporary injunction is not entered; (2) an adequate remedy of law is unavailable; (3) there is a substantial likelihood of success on the merits; and (4) entry of the temporary injunction will serve the public interest.

The courts order must contain clear, definite and unequivocally sufficient factual findings to support each of the four conclusions necessary to justify entry of a preliminary injunction.