What is an injunction? Why are injunctions issued?
An injunction is a civil remedy granted by the courts which states that the affected parties are not allowed to continue in an activity. Injunctions basically come in three flavors – temporary, preliminary and permanent. A temporary injunction is one given in situations where any delay at all in the proceedings may cause damage to the case if the questionable activity is still being committed. The temporary injunction remains in effect until the hearing for a preliminary injunction. A preliminary injunction has scope to the end of a court trial, to prevent the questionable activity until a judge has decided whether the activity is actually illegal. To win a preliminary injunction in the Second Circuit, a party must demonstrate (i) irreparable harm and (ii) either a likelihood of success on the merits, or serious questions going to the merits to make them a fair ground for litigation and a balance of hardships tipping decidedly in its favor. A party should not win a preliminary injuncti
