Remedies

Question 1

Preliminary Injunction

Definition

Answer 1

An injunction that may be granted before or during trial, with the goal of preserving the status quo before final judgment.

Question 2

Preliminary Injunction Requirements

Answer 2

To be granted a preliminary injunction, a party must show that:

1. There is a substantial likelihood they will prevail on the merits of the underlying action,
2. Without a preliminary injunction, the party will suffer irreparable harm
3. The benefit the injunction would serve to the plaintiff is not greatly outweighed by the burden the injunction would impose on the defendant, and
4. That granting the injunction aligns with and is not counter to the public interest.

Question 3

TRO

Definition

Answer 3

Injunctive relief that is a court order that either mandates a party to do or refrain from doing something; the duration is limited to 14 days.

• May be issued ex parte and without notice.

Question 4

TRO Requirements

Answer 4

To prevail in being granted a TRO, a party must demonstrate that without the court’s grant of the TRO, they will suffer immediate and irreparable harm.

Question 5

Permanent Injunction

Definition

Answer 5

Injunctive relief in a court order that requires a party to do or refrain from doing something.

Question 6

Permanant Injunction Requirements

Answer 6

To prevail in being granted a permanent injunction, a party must show:

1. Legal remedies/damages would be inadequate,
2. Enforcement of the injunction would be feasible
3. The benefit to the plaintiff would not be outweighed by the burden to the other party,
4. There are no defenses (laches, unclean hands, impossibility, 1A)