A preliminary injunction requires showing likelihood of success on the merits, irreparable harm, that the balance of equities favors relief, and that an injunction serves the public interest.
A bond is generally required.
Alternative Names:
Preliminary Injunctive Relief, Interlocutory Injunction
Why it Matters?
Irreparable harm is the element that defeats most applications, since harm compensable in money is not irreparable and courts require a showing that damages would be inadequate. Delay in seeking relief also undermines the claim, because a party that waited months has demonstrated the harm is not urgent. The bond requirement provides a recovery source if the injunction is later found wrongful.
Frequently Confused with
Related terms
Frequently asked questions
Which element defeats most applications?
Why is a bond required?
