Injunction (Temporary)
What does "Injunction (Temporary)" mean in law?
A temporary (or preliminary) injunction is an equitable remedy issued during the pendency of litigation to preserve the status quo and prevent irreparable harm before a full trial on the merits. Under the standard articulated in Winter v. Natural Resources Defense Council, the movant must demonstrate: (1) a likelihood of success on the merits, (2) a likelihood of irreparable harm absent the injunction, (3) that the balance of equities tips in their favor, and (4) that the injunction is in the public interest. Because a preliminary injunction is an extraordinary remedy, courts often require the movant to post a bond to cover potential damages to the enjoined party if the injunction is later found to have been improvidently granted. Temporary injunctions remain in effect until the case is resolved or the court modifies the order.
Definition
A temporary (or preliminary) injunction is an equitable remedy issued during the pendency of litigation to preserve the status quo and prevent irreparable harm before a full trial on the merits. Under the standard articulated in Winter v. Natural Resources Defense Council, the movant must demonstrate: (1) a likelihood of success on the merits, (2) a likelihood of irreparable harm absent the injunction, (3) that the balance of equities tips in their favor, and (4) that the injunction is in the public interest. Because a preliminary injunction is an extraordinary remedy, courts often require the movant to post a bond to cover potential damages to the enjoined party if the injunction is later found to have been improvidently granted. Temporary injunctions remain in effect until the case is resolved or the court modifies the order.
Example
A software company obtained a temporary injunction preventing a former employee from sharing trade secrets with a competitor while the misappropriation lawsuit proceeded to trial.