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Preliminary injunction (view source)

Revision as of 05:32, March 9, 2007

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legal analysis
A preliminary injunction is a request for immediate relief before a matter can be fully litigated.

A party seeking a preliminary injunction bears the burden of demonstrating that:

:(1) that he will suffer irreparable harm without the preliminary injunction

:(2) that the harm he will suffer without injunctive relief is greater than the harm the defendant will suffer as a result of injunctive relief

:(3) a reasonable likelihood of success on the merits; and

:(4) that the injunction will not harm the public interest.

''See, e.g.'', ''Kinney v. Pioneer Press'', 881 F.2d 485, 490 n.3 (7th Cir. 1989)

An injunction is improper if there is an adequate remedy at law, such as money damages. ''See, e.g.'', ''Scruggs v. Moellering'', 870 F.2d 376, 378 (7th Cir.), cert. denied, 493 U.S. 956 (1989).
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