Difference between revisions of "Utah Temporary restraining order"
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Revision as of 18:22, 22 January 2015
The requirements for the issuance of a temporary restraining order and/or a preliminary injunction are:
- substantial likelihood that the moving party will prevail on the merits;
- the moving party will otherwise suffer irreparable injury;
- the moving party's threatened injury outweighs any damage to the non-moving party if the injunction issues; and,
- if issued, the injunction will not be adverse to public interest.
ULBA v. Leavitt, 256 F.3d 1061, 1066 (10th Cir. 2001); [http://scholar.google.com/scholar_case?q=936+F.2d+1096&hl=en&as_sdt=6,45&case=9189309812176884419&scilh=0 SCFC ILC, Inc. v. VISA USA,
Inc., 936 F.2d 1096, 1098 (10th Cir. 1991)].
