Legal Dictionary

Preliminary Injunction

A preliminary injunction is a temporary court order that restrains a party from taking certain actions until a final decision is made in a legal dispute. It is typically sought by a plaintiff who believes they will suffer irreparable harm if the defendant is allowed to continue their actions during the course of the litigation.

Frequently Asked Questions

What are the requirements for obtaining a preliminary injunction?

To obtain a preliminary injunction, the party seeking it must demonstrate: (1) a likelihood of success on the merits of their case; (2) that they will suffer irreparable harm if the injunction is not granted; (3) that the harm they will suffer outweighs any harm the opposing party may suffer if the injunction is granted; and (4) that granting the injunction is in the public interest.

How long does a preliminary injunction last?

A preliminary injunction is a temporary measure and typically remains in effect until a final decision is reached in the underlying legal dispute. However, it is important to note that a preliminary injunction can be modified or dissolved by the court at any time if circumstances change or if the party seeking the injunction fails to meet their burden of proof.
The 2023 Legal Trends Report

The 2023 Legal Trends Report

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