What is the test for a preliminary injunction under the Personal Injury Prevention Act?

MultiRegion, United States of America

The following excerpt is from BP West Coast Prods. LLC v. Crossroad Petroleum, Inc., CASE NO. 12CV665 JLS (KSC), CASE NO. 12CV887 JLS (KSC) (S.D. Cal. 2012):

The PMPA "prohibits termination of any franchise except on the basis of specifically enumerated grounds and upon compliance with notice requirements." Id. at 388 (citing 15 U.S.C. 2802(a), (b)(1)). The Act provides specific enforcement provisions, including interim equitable relief. See 15 U.S.C. 2805. Relevant here, "[t]he test for the issuance of a preliminary injunction under the PMPA is more liberal than that in the general run of cases." Khorenian v. Union Oil Co., 761 F.2d 533, 535 (9th Cir. 1985). Thus,

Hilo v. Exxon Corp., 997 F.2d 641, 643 (9th Cir. 1993) (quoting 15 U.S.C. 2805(b)(2)). Pursuant to 2805(b)(2),7 "[o]nce a franchisee establishes that he will incur the greater hardship (which should not be difficult in most PMPA cases), he need only show a reasonable chance of success on the merits." Khorenian, 761 F.2d at 535. No showing of irreparable harm is required. Id.

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