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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
References in periodicals archive ?
Velasco even enumerated a list of cases wherein courts are not allowed to issue TRO or writs of preliminary injunction which include, among others, government infrastructure projects.
The present-day notion of a preliminary injunction, described in Rule 65 of the Federal Rules of Civil Procedure (9) and outlined in Winter v.
The court finds that an amicus curiae brief in opposition to MVP's motion for a preliminary injunction would be helpful to its determination on this matter.
MACOM Technology Solutions Holdings Inc (MACOM) (Nasdaq:MTSI), a supplier of high-performance analog RF, microwave, millimeterwave and photonic semiconductor products, announced on Friday that the US District Court for the Central District of California in Los Angeles has entered a preliminary injunction order that, among other things, bars Infineon Technologies Americas Corp (Infineon)(Xetra:IFX.DE) from designing, developing, making, marketing or selling Gallium Nitride on Silicon (GaN-on-Si) RF products that use intellectual property rights previously owned by Nitronex and now exclusively licensed to MACOM in certain fields, including basestations.
In granting the preliminary injunction against CREXi and its founder, the court ruled that Ten-X was highly likely to succeed on the merits of its claims at trial and that a preliminary injunction was appropriate to prevent irreparable harm to Ten-X.
Thus, because it would severely threaten any judgment of the court to have pending arbitrations or future arbitrations result in inconsistent rulings, the court found that it had the power to grant the preliminary injunction staying arbitration.
Hoecker's law firm published a statement on its website on Monday saying it had succeeded in getting a preliminary injunction against German director and producer Uwe Boll, who in a video posted online, defended Boehmermann's poem and said Erdogan should be shot.
2745 would keep the FTC from challenging a transaction without going to court, and it would require the FTC to meet the same preliminary injunction standards that the Justice Department must meet, according to the American Hospital Association (AHA).
The court also considered whether New York met the standard for a preliminary injunction. (4) The court held that Actavis' withdrawal of Namenda IR from the market violated the Sherman Act because its actions effectively amounted to coercion by impeding generic competition and limiting consumer options.

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