Interlocutory Injunctions

Question 1

Interlocutory Injections

Answer 1

Court orders requiring a person to do or cease doing a specific action before trial

• purpose is to prevent irreparable injury that will occur before there is a final judgment

Security: Movant must provide security that will be used to compensate D for damage caused by the injunction if P does not ultimately prevail

Question 2

Preliminary Injunctions - 4 Part Test

Answer 2

1) Irreparable Injury

2) Reasonable Likelihood of success on the merits

3) Balance of hardships

4) Public Interest

Notice and Hearing: required for the adverse party

Question 3

Temporary Restraining Orders - General

Answer 3

Issued by the court when necessary to prevent immediate, irreparable injury to a party (not immediately appealable)

Question 4

Temporary Restraining Orders - Expiration

Answer 4

14 Days from issuance; court may extend for good cause or with adverse party consent; if extended, TRO is treated as a preliminary injunction

Question 5

Temporary Restraining Orders - Notice to Adverse Party (Not required in 2 Situations)

Answer 5

Not required if moving party:

1) shows immediate and irreparable injury will result to her before adverse party can be heard in opposition; or

2) Describes reasonable yet unsuccessful efforts made to give adverse party notice

Must have actual notice before they can be held in contempt for violation