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ARTICLE · 04 FEBRUARY 2015

Make Sure You Can Afford To Pay A Bond Before Seeking An Injunction

In order to obtain a an injunction under federal law, the moving party has to show each of the following...

United StatesLitigation, Mediation & Arbitration

In order to obtain a an injunction under federal law, the moving party has to show each of the following:

  1. It has a likelihood of success on the merits of its claim.
  2. Without injunctive relief, it would risk suffering irreparable harm.
  3. Such harm outweighs the irreparable harm that the non-moving party would suffer if an injunction were to enter.
  4. Entering an injunction is in the public interest.

In addition, however, Rule 65(c)  of the Federal Rules of Civil Procedure states that:

The court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.

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