Assertion: injunction | /r/HasProperty | denied
Facets:
value: compared to the harm
type: OTHER
Source sentences:
text: When deciding whether to issue a preliminary injunction, a trial court will evaluate two interrelated factors: the likelihood that the plaintiff will prevail on the merits at trial, and the interim harm that the plaintiff is likely to sustain if the injunction were denied, as compared to the harm that the defendant is likely to suffer if the preliminary injunction were issued At the conclusion of the hearing to show cause, the court will either rule from the bench or take the matter under submission.
text: In determining whether to issue a preliminary injunction, courts consider two factors: (1) the likelihood that the plaintiff will prevail at trial; and (2) the harm that the plaintiff is likely to suffer if the injunction is denied compared to the harm the defendant is likely to suffer if injunction is granted.
text: Thus, if the damage to the moving party if the injunction is not granted does not equal or outweigh the disadvantage or hardship to be visited on the opposing party if it is granted then the injunction will be denied.
text: A court may also consider the following factors when deciding whether to grant an injunction: "(a) the nature of the interest to be protected, (b) the relative adequacy to the plaintiff of [an] injunction and of other remedies, (c) any unreasonable delay by the plaintiff in bringing suit, (d) any related misconduct on the part of the plaintiff, (e) the relative hardship likely to result to [the] defendant if an injunction is granted and to [the] plaintiff if it is denied, (f) the interests of third persons and of the public, and (g) the practicability of framing and enforcing the order or judgment."