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 ?
In November 2008, the trial court vacated the preliminary injunction pursuant to the appellate court's mandate.
Parker didn't buy the government's arguments and issued a preliminary injunction against its attempts to prosecute the church.
District Judge rejected the association's request for a preliminary injunction against the ads.
To obtain a preliminary injunction, the party seeking the injunction must show, among other things, a substantial probability of success on the merits.
The release by Crown said the preliminary injunction issued by the Louisiana 19th Judicial District Court prohibits St.
The court issued the preliminary injunction, since the fund proved it was entitled to injunctive relief.
Although such preliminary injunctions are routinely granted by New York state courts, the co-op landlord in this case took an aggressive position by demanding that the court condition any preliminary injunction upon the tenant's posting of a substantial undertaking (bond) in order to protect the co-op's interests from resulting damage.
If the court grants a partial stay of the preliminary injunction, the director of NIH would then reconsider the experiment for approval and the university would request an experimental use permit from the Environmental Protection Agency.
Urbina has issued a preliminary injunction to Christopher Alf ceasing his debarment from contracting with the United States government and enabling him to immediately resume transportation contract work.
This preliminary injunction is an important first step in the battle to take back our neighborhoods from these urban terrorists,'' Delgadillo said.
Phoenix countered by seeking a preliminary injunction against Forschner.
After the preliminary injunction expired, the district court held that the Prison Litigation Reform Act (PLRA) did not limit a 90-day period for preliminary injunctions to only those preliminary injunctions that set forth detailed measures of relief, and ordered state officials to submit a new plan.

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