Top Shelf Brands Holdings Corp. (DKTS)

[Carini]

Yeah you can go into court and get a preliminary injunction against a party without even giving them notice, much less an opportunity to appear (which begs the question whether Lou even knew about the lawsuit until you posted the docket entry). But the standard is pretty high in most states in those situations -- you have to show an imminent threat of substantial irreparable harm if the party is not immediately enjoined before they get a chance to defend themselves, as well as a substantial likelihood of prevailing on the merits of your claim. And that whole Constitution thing makes judges want to see some solid evidence, much more than mere accusations or declarations from the plaintiff, before restraining someone without giving them the chance to speak.

Even with an ordinary preliminary injunction (i.e. the party gets enjoined at the beginning of the lawsuit, usually after a hearing, pending a decision on the merits), you still have to show a substantial likelihood of prevailing and a threat of irreparable harm that is imminent enough that it justifies restraint prior to a conclusion on the merits. Also you have to show the burden on the defendant from granting the injunction does not outweigh the burden on the plaintiff if it is not granted, and that it would not be against public policy. That last one is usually just a throwaway element in cases that don't involve first amendment rights and similar things. Of course, it all varies state to state so don't take my word for it...