Also known as: preliminary injunction · preliminary injunctive reliefs · temporary injunction
Written by attorneys · grounded in primary & secondary sources — see below
A temporary equitable order issued before final judgment to preserve the status quo or prevent irreparable harm. The court may condition the order on the posting of security and must provide notice to the adverse party.
Prime Logistics files suit against Paragon Construction alleging ongoing interference with delivery routes. Prime moves for a preliminary injunction on a Friday afternoon. The court refuses to proceed until Paragon receives actual notice of the hearing scheduled for the following week.
Paige Porter, a limited partner, sues the general partner for self-dealing that threatens partnership assets. She requests a preliminary injunction halting further transfers. The court grants the order as extraordinary relief to protect the partnership's interests during the derivative proceeding.
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Precision Tools obtains a preliminary injunction against Peak Performance to stop alleged trade-secret misuse. The court requires Precision to post a bond in an amount sufficient to cover Peak's potential costs and damages if the injunction later proves wrongful.
Playtime Theatres seeks to enjoin enforcement of a city zoning ordinance restricting adult theaters. The court weighs the theater's risk of lost First Amendment-protected expression against the city's interest in land-use regulation before deciding whether to issue the preliminary injunction.
A parent moves for a preliminary injunction to halt a state statute authorizing a moment of silence for meditation or voluntary prayer in public schools. The court considers whether the injunction serves the public interest in maintaining Establishment Clause boundaries while litigation proceeds.
Heart of Atlanta Motel seeks a preliminary injunction against enforcement of Title II of the Civil Rights Act. The court evaluates whether maintaining existing operations during suit prevents irreparable loss while the constitutional challenge proceeds.
A court evaluates the plaintiff's likelihood of success on the merits, the threat of irreparable harm if the injunction is denied, the balance of hardships between the parties, and the public interest. The analysis is comparative and equitable rather than mechanical.
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The court may require the movant to give security in an amount the court deems proper to cover costs and damages if the injunction is later found wrongful. The United States and its agencies are exempt from this requirement.
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The court may issue a preliminary injunction only on notice to the adverse party. Without notice, the movant must satisfy additional procedural safeguards under Rule 65(b) and the order is strictly time-limited.
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Unreasonable delay can weigh against granting relief because it undercuts claims of irreparable harm and suggests the plaintiff has tolerated the conduct. Courts consider laches as part of the equitable balancing.
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…fails to correct the violation through informal methods, it may institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the district court of the United States for the district in which the person against whom such action is brought is found, resides, or…