Friday, March 2, 2007

Four Steps to An Injunction

The trial court issued a preliminary injunction in the Symons case for misappropriating trade secrets. Here are the four standards for issuing a preliminary injunction:
1) Whether or not the party seeking the injunction has an adequate remedy at law;

2) Whether granting the injunction would disserve the public interest;

3) Whether the party has established a reasonable likelihood of success at trial; and,

4) Whether the injury to the party seeking the injunction outweighs the harm to the party who would be enjoined.
Indiana State Bd. of Public Welfare v. Tioga Pines Living Center, Inc. (1994) Ind.App., 637 N.E.2d 1306, 1311

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