What is the test for granting a preliminary injunction?

MultiRegion, United States of America

The following excerpt is from Suffolk Parents of Handicapped Adults v. Wingate, 101 F.3d 818 (2nd Cir. 1996):

We review for abuse of discretion a district court's grant of a preliminary injunction. Blum v. Schlegel, 18 F.3d 1005, 1010 (2d Cir.1994). An abuse of discretion may be demonstrated by showing that the injunction is based on an error of law. County of Seneca v. Cheney, 12 F.3d 8, 11 (2d Cir.1993). For reasons explained below, we hold that the district court committed such an error of law in granting the injunction, thereby abusing its discretion. We therefore vacate the preliminary injunction and remand.

Other Questions


Does a preliminary injunction need to be granted before the 9th Circuit of the Court of Appeal is granted? (MultiRegion, United States of America)
In a preliminary injunction action, how have the courts treated historical analysis in determining whether or not to grant an interim injunction? (MultiRegion, United States of America)
What is the timeline of events leading up to and after a federal district court granted a preliminary preliminary injunction and refused to stay its order? (MultiRegion, United States of America)
When a preliminary injunction is granted, does the bright line rule apply? (MultiRegion, United States of America)
What is the test for granting a preliminary injunction in a case where environmental protection concerns outweigh economic considerations? (MultiRegion, United States of America)
Is a refusal to grant an injunction tantamount to a denial of injunctive relief? (MultiRegion, United States of America)
Can a preliminary injunction be granted for abuse of discretion? (MultiRegion, United States of America)
What is the standard of review for granting a preliminary injunction? (MultiRegion, United States of America)
Can an appeal from the grant of a preliminary injunction be appealed as of right? (MultiRegion, United States of America)
Is a preliminary injunction moot because the terms of the injunction have been fully and irrevocably carried out? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.