Preliminary Injunction


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Preliminary Injunction

A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. The party against whom it is sought must receive notice and an opportunity to appear at a hearing to argue that the Injunction should not be granted. A preliminary injunction should be granted only when the requesting party is highly likely to be successful in a trial on the merits and there is a substantial likelihood of irreparable harm unless the injunction is granted. If a party has shown only a limited probability of success, but has raised substantial and difficult questions worthy of additional inquiry, a court will grant a preliminary injunction only if the harm to him or her outweighs the injury to others if the injunction is denied.

preliminary injunction

n. a court order made in the early stages of a lawsuit or petition which prohibits the parties from doing an act which is in dispute, thereby maintaining the status quo until there is a final judgment after trial. (See: injunction, temporary injunction, permanent injunction)

References in periodicals archive ?
Secondly, the plaintiff contended that the defendant did not properly appeal the preliminary injunction order.
The preliminary injunction notes that "The Supreme Court has observed 'that a preliminary injunction is an extraordinary and drastic remedyO'" and that "it is likely the plaintiff will successfully persuade the court that the debarring official failed to 'articulate a rational connection between the facts found and the choice made.
Prosecutors will soon appear in court to obtain the preliminary injunction and are hopeful that will help reduce crime in the West Valley.
Conduct that would be banned by the preliminary injunction includes selling, possessing or using any controlled substance; harassing, intimidating, or threatening the safety of any person; acting as a lookout for police; and being in public with a named defendant or fellow gang member.
Ritchie granted a preliminary injunction against IAAL.
The judge, however, vacated the preliminary injunction late last month and stopped further proceedings based on the planned improvements.
McBryde of the Northern District of Texas, Fort Worth Division, approved a preliminary injunction yesterday creating a level-playing field for in-state and out-of-state wine retailers.
Opponents of the Toland Road Landfill expansion failed Friday to delay the project when a judge denied their motion for a preliminary injunction until seismic questions are resolved.
Section 61-1-1; that if the injunction was not issued, Oak Ridge would be irreparably harmed; that the harm to Oak Ridge in the event an injunction was not issued would not outweigh any harm to the defendants; and that the public interest would not be affected by the granting of the Preliminary Injunction.
The driving range was closed about noon Thursday in response to a Ventura County Superior Court preliminary injunction ordering the city to prevent all golf balls from flying over the fence into the neighboring property.
CLEVELAND -- BPI Energy ("BPI") (AMEX:BPG), an independent energy company engaged in the exploration, development and commercial sale of coalbed methane (CBM) in the Illinois Basin, today announced that the United States District Court for the Southern District of Ohio has denied BPI's motion for a preliminary injunction against Colt, LLC, and other defendants.
City Attorney Mark Sellers said the city must close the driving range - used by 40,000 players annually - by March 5, when the preliminary injunction is scheduled to take effect.

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