Preliminary Injunctions & TROs

Question 1

preliminary injuction

Answer 1

maintains the status quo pending the outcome of an action

Question 2

issuing preliminary injunction

Answer 2

may be issued only:
1. upon notice to the adverse party, AND
2. if the moving party gives security/bond (used to reimburse non-movant for injury caused by the injunction if the moving party is NOT successful on the merits)

Question 3

(preliminary injunction) Traditional 4-Prong Test requires:

Answer 3

1. likelihood of P’s success on the merits,
2. likely threat of irreparable harm to the movant,
3. the harm alleged by movant outweighs any harm to the non-moving party (balancing the harm), AND
4. an injunction is in the public interest

Question 4

temporary restraining order (TRO)

Answer 4

is an emergency remedy used to maintain the status quo pending the outcome of a preliminary injunction application
- to be issued, a movant must allege immediate and irreparable harm and a court will analyze the same factors as a preliminary injunction

Question 5

ex parte TRO

Answer 5

moving party MUST:
1. provide specific facts in a sworn statement showing immediate and irreparable injury, injury loss, or that damage will result before an adverse party can be heard,
2. certify in writing any efforts made to give notice to the adverse party AND why notice should NOT be required, AND
3. give security in the amount that the court deems proper

NOTE: US, its officers, and its agencies are NOT required to give security

Question 6

TRO granted

Answer 6

If granted, an ex parte TRO automatically expires after 14 days UNLESS
1. the court sets a shorter time-frame for automatic expiration,
2. the court extends it for good cause, OR
3. the parties consent

NOTE: the adverse party may move to dissolve or modify the TRO on 2-days’ notice