Journal Article

PRELIMINARY INJUNCTION REALISM

Bray, Samuel L

2025

Overview

A good example of such balancing is the \"serious questions\" test used in the Second Circuit and some other circuits.18 That approach rightly centers irreparable injury as the single most important consideration for the preliminary injunction.19 The normative analysis presented in this Article coheres with equitable doctrines. In the absence of statutory modification, the federal courts' power to grant equitable remedies is tied to traditional equity practice.20 As the Supreme Court recently said, \"When Congress empowers courts to grant equitable relief, there is a strong presumption that courts will exercise that authority in a manner consistent with traditional principles of equity. In these cases, there may be references to the preliminary injunction in the procedural history, the court may deny the preliminary injunction for lack of standing, the preliminary injunction may be moot because of other procedural actions (e.g., dismissal of the complaint), the plaintiff may seek to stay a preliminary injunction, or the court may refer to a preliminary injunction in the course of evaluating a motion for a temporary restraining order. (Outside of the Fifth and Sixth Circuits, state and local government defendants strongly predominated.) The dramatic differences in Table 4 lie behind the intense forum shopping by plaintiffs who chose district courts in the Fifth Circuit

• Publisher: University of Texas, Austin, School of Law Publications, Inc
• Subject: Circuits / Courts / Datasets / Defendants / Dismissal / District courts / Fairness / Federal court decisions / Grants / Injunctions / Intellectual property / Judges & magistrates / Local government / Plaintiffs / Presumption / Restraining orders / Restraint orders / Shopping / Success / Supreme courts