September 26, 2017 Top Story

Confusion over Preliminary Injunction Standard Clarified, but Not Settled

Third Circuit reasons only two of four elements dispositive

Kelso L. Anderson

A district court considering an interlocutory motion for preliminary injunction need not consider all four traditional elements to conclude that a movant has satisfied the standard.

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Instead, a trial court must consider two of the four elements—the probability of success and irreparable injury elements. While some ABA Section of Litigation leaders believe the Reilly v. City of Harrisburg  holding is narrow and limited to First Amendment cases, others say that, because federal courts are divided, the decision should prompt practitioners to be mindful of the specific standard in their jurisdiction.

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