This is an Order Granting a Preliminary Injunction against defendants. The order provides that the court having considered the motion and the evidence submitted in support of the motion, finds that the request is well taken and should be sustained.
Virgin Islands Order Granting Preliminary Injunction
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Multi-State
Control #:
US-01009
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Word;
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FAQ
A mandatory injunction compels an affirmative act, and thus changes the position of the parties. A mandatory injunction is much more difficult to obtain, and are granted only in extraordinary circumstances. A preliminary injunction is issued to preserve the parties' respective positions pending the outcome of the case.
To get a preliminary injunction, a party must show that they will suffer irreparable harm unless the injunction is issued. Preliminary injunctions may only be issued after a hearing.
What are the elements of a preliminary injunction? Substantial likelihood of success on the merits. Parties seeking the injunction need to show that they are likely to win their case. ... Irreparable harm. ... Balancing the equities. ... Public interest.
The Supreme Court of Virginia has also allowed a preliminary injunction without a showing that the plaintiff was likely to succeed on the merits, provided the plaintiff demonstrated a ?prima facie case.? Whether that showing must be a ?fair? prima facie case or ?strong? prima case will require further development.
The Supreme Court of Virginia has also allowed a pre- liminary injunction without a showing that the plaintiff was likely to succeed on the merits, provided the plaintiff demonstrated a ?prima facie case.? Whether that showing must be a ?fair? prima facie case or ?strong? prima case will require further development.
For a court to grant a preliminary injunction, a plaintiff ?must establish [1] that he is likely to succeed on the merits, [2] that he is likely to suffer irreparable harm in the absence of preliminary relief, [3] that the balance of equities tips in his favor, and [4] that an injunction is in the public interest.? ...
A preliminary injunction is granted at any stage of an action or proceeding prior to the judgment or final order. It persists until it is dissolved or until the termination of the action without the court issuing a final injunction.