Preliminary Injunction

Preliminary Injunction

Preliminary Injunction

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 asked questions

Which element defeats most applications?

Why is a bond required?