By Craig O’Shea 

Are you or your business facing an imminent threat? Seeking redress through the Courts can frequently be a long, drawn-out process. However, in the right situations immediate relief can be available through a Temporary Restraining Order or Preliminary Injunction.

For this type of emergency relief, there are four general requirements. A party must show: “(1) a likelihood of success on the merits; (2) that it will suffer irreparable harm if the injunction is denied; (3) that granting preliminary relief will not result in even greater harm to the nonmoving party; and (4) that the public interest favors such relief.” Kos Pharms., Inc. v. Andrx Corp., 369 F.3d 700, 708 (3d Cir. 2004). The first two requirements are the most important, and where a party shows success on those first two factors, “it almost always will be the case that the public interest will favor the plaintiff.” Allegheny Energy, Inc. v. DQE, Inc., 171 F.3d 153, 158 (3d Cir. 1999). These types of motions seek “an extraordinary remedy” and “should be granted only in limited circumstances.” American Tel. & Tel. Co. v. Winback & Conserve Program, Inc., 42 F.3d 1421, 1427 (3d Cir. 1994). Usually, these factors are proven through a full “mini-trial,” that is often set within two weeks of the initial motion.

To win on the first factor, the party must demonstrate that their chances of eventual success in the full case are ““significantly better than negligible, but not necessarily more likely than not.” Reilly v. City of Harrisburg, 858 F.3d 173, 179 (3d Cir. 2017). Put more simply, “nothing more than ‘a reasonable probability of eventual success’” is needed.

The second factor is usually the most complicated. A party seeking preliminary relief must “demonstrate that irreparable injury is likely in the absence of an injunction.” Winter v. Nat. Res.’s Def. Council, Inc., 555 U.S. 7, 22 (2008). “[T]he availability of money damages for an injury typically will preclude a finding of irreparable harm.” Reilly, 858 F.3d at 179 n. 4.

Some examples of the types of injuries that qualify as “irreparable” include when another business is infringing on your trademark or copyright, when another person or business’ unlawful activity threatens the very existence of your business, whether by forcing bankruptcy or otherwise, and when your property rights are interfered with by someone else’s actions.

Temporary Restraining Orders and Preliminary Injunctions typically require an immediate, all-hands-on-deck approach to prepare both a thorough, well-researched motion, as well as to prepare for the evidentiary hearing that almost always follows. If you or your business is faced with a threat so great, and so immediate, that such an “extraordinary remedy” is required, it is important that you quickly retain counsel who is equipped with the knowledge, experience, and available resources to guide you though this fast-paced process. DNF is the premier law firm in the Virgin Islands with more than twenty attorneys and all of the necessary resources on hand to successfully litigate your case.