Also known as:interlocutory injunction · interlocutory injunction's · interim injunction · preliminary injunction
Written by attorneys · grounded in primary & secondary sources — see below
A provisional equitable order issued by a court before final judgment to preserve the status quo or prevent irreparable injury pending resolution of the merits.
Sources & Authorities
How it applies
Common Examples
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Irreparable Harm Weighing
Ibrahim Iqbal sought relief against Imperial Motors after the company began draining a shared aquifer that supplied his farm. The court evaluated the extent of threatened permanent water loss to Iqbal against the temporary production halt imposed on the company and granted the interlocutory injunction because the balance of hardships and public interest favored interim protection.
Notice Requirement Applied
Isla Ireland moved for a preliminary injunction against Interlink Communications to stop alleged signal interference with her radio station. The court refused to proceed until Interlink received formal notice of the hearing and an opportunity to respond, declining to issue any order ex parte.
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Statutes
Federal Rules
Uniform Acts
Restatements
Course Outlines
Study Supplements
Derivative Action Relief
Isaiah Ishikawa, a limited partner, brought a derivative suit against Ironwood Capital alleging self-dealing by the general partner. The partnership appointed a special litigation committee and the court considered whether to grant a temporary restraining order halting further transfers while the committee investigated.
Threat Assessment Focus
Ingrid Innes sued Insight Consulting after the firm threatened to disclose her proprietary client list. The court measured the extent of the threatened irreparable competitive harm to Innes if disclosure occurred before trial and issued an interlocutory injunction to prevent the release.
Security Bond Imposed
Isaac Irving obtained a preliminary injunction against Imperial Motors to halt construction that would block his access easement. The court required Irving to post a bond in an amount sufficient to cover any costs or damages Imperial Motors would sustain if the injunction later proved wrongful.
Findings and Conclusions
After a hearing on Igor Ito's motion for an interlocutory injunction against Interlink Communications, the court granted the order but included a detailed statement of its factual findings on irreparable harm and its legal conclusions on the probability of success on the merits.
Common questions
Frequently Asked
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What factors determine whether an interlocutory injunction should issue against a tort?+
The appropriateness depends primarily on the extent of the threat of irreparable harm to the plaintiff if relief is denied, the consequences the relief may have on the defendant, the probability of success on the merits, and related equitable considerations such as third-party and public interests.
Must a court provide notice before issuing a preliminary injunction?+
Yes. The court may issue a preliminary injunction only on notice to the adverse party.
Is security required when a court grants a preliminary injunction?+
The court may issue the injunction only if the movant gives security in an amount the court considers proper to pay costs and damages sustained by any party found to have been wrongfully enjoined.
What must a court state when granting or refusing an interlocutory injunction?+
The court must state the findings and conclusions that support its action.
518 U.S. 515 (1996)Constitutional Law
…Board of Education announced a program to establish three boys-only schools for inner-city youth; it was met with a lawsuit, a preliminary injunction was swiftly entered by a District Court that purported to rely on Hogan , see Garrett v. Board of Ed. of School Dist. of Detroit , 775 F. Supp. 1004, 1006 (ED Mich. 1991), and the…