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Bernie19

03/31/11 8:45 PM

#117425 RE: poorgradstudent #117420





Injunctive relief is not easy to come by. There are very high hurdles to overcome. Before granting injunctive relief the court will hold a hearing.


The legal standard in federal court for a preliminary injunction is:


"A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest. See Munaf v. Geren, 553 U. S. __, __ (2008) (slip op., at 12); Amoco Production Co. v. Gambell, 480 U. S. 531, 542 (1987) ; Weinberger v. Romero-Barcelo, 456 U. S. 305, 311–312 (1982) ."

Winter v. Natural Resources Defense Council, No. 07-1239
Majority opinion here:Link to Cornell Unv. Law School
Quoted standard is at Section III A.