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United States Leading Case interim injunctions american cyanamid

Winter v NRDC

555 U.S. 7 (2008)
JurisdictionUnited States
CourtUS Supreme Court
Year2008
StatusBinding authority

Summary

A party seeking a preliminary injunction must demonstrate likelihood of success on merits, irreparable harm, balance of equities in its favour, and that relief is in the public interest.

Key Principle

four-factor test for preliminary injunction: (1) likelihood of success on the merits, (2) irreparable harm, (3) balance of equities, (4) public interest

Area of Law

Injunctive Relief

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Freezing injunctions are a free-standing equitable remedy available in support of enforcement, not limited to pending or existing proceedings.

China Medical Technologies Inc (in liq) v Samson Med Tech Ltd [2014] 1 HKLRD 990

Mareva injunction principles, including worldwide freezing orders, applied in the context of HK liquidation proceedings.

Brink's Mat Ltd v Elcombe [1988] 1 WLR 1350

Applicants for without-notice injunctions owe a duty of full and frank disclosure of all material facts, breach of which may lead to discharge of the order.

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