Preliminary Injunction

You can use the court to stop someone from harming your business or your interest.  You can even ask the court to make such a decision even before you win the lawsuit.  Such an action is called a preliminary injunction.

Getting the courts to approve a preliminary injunction is not easy however.  A preliminary injunction is “an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief.” Winter v. Natural Res. Def. Council, Inc., (2008) 129 S. Ct. 365, 376.

To have the court issue a preliminary injunction you must establish the following four elements: “(1) ‘likely to succeed on the merits’; (2) ‘likely to suffer irreparable harm in the absence of preliminary relief’; (3) ‘the balance of equities tips in [its] favor’; and (4) ‘a preliminary injunction is in the public interest.’” Sierra Forest Legacy v. Rey, (9th Cir. 2009) 577 F.3d 1015, 1021  (citing Winter, 129 S. Ct. at 374).

In granting or denying a motion for preliminary injunction, a court “must balance the competing claims of injury and must consider the effect on each party of the granting or withholding of the requested relief.” Winter, 129 S. Ct. at 376 (quoting Amoco Prod. Co. v. Vill. of Gambell, Alaska, (1987) 107 S. Ct. 1396)