March 03, 2014 Articles

Using Expedited Discovery with Preliminary Injunction Motions

Both parties have a strong incentive to present their case in the most persuasive manner possible.

By Peter Meier and Elizabeth Dorsi

Motions for preliminary injunctions can often resemble early trials on the merits. The moving party requests either prohibitory relief aimed at maintaining the status quo during the pendency of litigation or mandatory relief to require that the defendant undertake specific action—or both. The stakes for preliminary injunction hearings can be quite high, often amounting to lost business opportunities and significant costs for months, or even years, until a full trial on the merits. Given these stakes, it is not surprising that both parties to a preliminary injunction motion have a strong incentive to present their case in the most persuasive manner possible. Although parties traditionally have sought injunctive relief at the outset of litigation, before conducting any significant discovery, there is a distinct trend toward seeking, and permitting, parties to obtain expedited discovery prior to the hearing on a motion for preliminary injunction motion.

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