Also known as: temporary injunctions · preliminary injunction
Written by attorneys · grounded in primary & secondary sources — see below
An order issued before or during trial to prevent irreparable injury from occurring before the court decides the case on the merits.
Taliah Tang sued Trinity Pharmaceuticals alleging improper disclosure of trade secrets and moved for a temporary injunction to halt further releases. The district court refused to consider the motion until Trinity received formal notice and an opportunity to respond. Tang's request was therefore set for a noticed hearing rather than granted immediately.
Tessa Takahashi, a limited partner in True North Logistics, filed a derivative action alleging mismanagement by the general partner. She moved for a temporary injunction to freeze disputed distributions pending the outcome. The court treated the request as extraordinary relief available under the uniform act and scheduled a hearing on whether to grant it.
Select any source to read its text and confirm it supports the definition.
Thomas Thompson sought a temporary injunction against Torchlight Media to stop alleged trademark infringement. The court required Thompson to post a bond in an amount sufficient to cover any damages Media might suffer if the injunction later proved wrongful. Thompson posted the bond and the injunction issued.
Tamara Tan launched a hostile tender offer for shares of a target company. The target sought a temporary injunction in federal court to block enforcement of a state anti-takeover statute. The court considered whether the requested injunction would improperly interfere with the offer process.
Theo Thomas operated adult theaters and challenged a city zoning ordinance that restricted their locations. He requested a temporary injunction to prevent enforcement while the constitutional challenge proceeded. The court evaluated whether the ordinance's restrictions justified interim relief.
Tyler Taylor, representing a religious organization, sought a temporary injunction to keep a holiday display on public property. Opponents moved to dissolve the order on establishment-clause grounds. The court weighed the competing interests before deciding whether to maintain the injunction.
The movant must demonstrate a likelihood of irreparable harm absent the injunction and that the balance of equities favors relief. Courts also consider the public interest and the movant's likelihood of success on the merits.
Yes. Under the governing rule a court may issue a preliminary injunction only after notice to the adverse party. An ex parte temporary restraining order is available only in narrow circumstances and must quickly be followed by a noticed hearing.
Yes. The movant ordinarily must give security in an amount the court deems proper to compensate the enjoined party for costs and damages if the injunction is later found wrongful. The United States and its agencies are exempt from this requirement.
It remains in force only until the court decides the case on the merits or dissolves the order. It is not a final remedy and does not resolve the underlying dispute.
Yes. Either party may request a temporary injunction to restrain asset transfers outside the ordinary course of business or to preserve the status quo during dissolution or separation proceedings. The court may grant relief on terms just and proper under the circumstances.
…officials (petitioners) asserting that Amendment 2 violated federal equal protection principles. The trial court's grant of a preliminary injunction was affirmed by the Colorado Supreme Court, which held that Amendment 2 was subject to strict scrutiny under the Equal Protection Clause because it infringed the fundamental right of…