S.O.U.N.D. Advice for Law School, 6.15.09

S.O.U.N.D. Advice on Civil Procedure Questions:

Remember the five-part test for injunctions. When analyzing whether an injunction should be granted, the court looks at the following five factors:
(1) whether there is an adequate remedy at law (meaning whether money damages would be sufficient to make the plaintiff “whole”);
(2) whether the plaintiff is likely to succeed on the merits of the case;
(3) whether there is an immediate and irreparable injury being suffered;
(4) whether the balance of the harms tip in favor of granting the injunction; and
(5) whether public policy considerations favor granting the injunction.