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Proof Needed for a Temporary Injunction in a Federal Court in Texas

Mar 10, 2013

What must be proved to obtain a temporary injunction in a Texas federal court?

A preliminary injunction is an extraordinary remedy that should only issue if the movant establishes: (1) a substantial likelihood of success on the merits, (2) a substantial threat of irreparable injury if the injunction is not issued, (3) that the threatened injury if the injunction is denied outweighs any harm that will result if the injunction is granted, and (4) that the grant of an injunction will not disserve the public interest. A district court’s decision whether to grant or deny a preliminary injunction is reviewed only for abuse of discretion; however, a decision grounded in erroneous legal principles is reviewed de novo. When a preliminary injunction turns on a mixed question of law and fact, it is reviewed de novo. Byrum v. Landreth, 566 F.3d 442, 445 (5th Cir. 2009)

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