What is the test for obtaining a preliminary injunction or temporary restraining order?

MultiRegion, United States of America

The following excerpt is from Greengate Fresh, LLLP v. Trinity Fresh Procurement, LLC, No. 2:18-cv-03161-JAM-EFB (E.D. Cal. 2018):

Federal Rule of Civil Procedure 65 provides authority to issue either preliminary injunctions or temporary restraining orders. Plaintiffs seeking these forms of injunctive relief must demonstrate (1) that they are likely to succeed on the merits, (2) that they are likely to suffer irreparable harm in the absence of preliminary relief, (3) that the balance of equities tips in their favor, and (4) that an injunction is in the public interest. Am. Trucking Ass'ns v. City of Los Angeles, 559 F.3d 1046, 1052 (9th Cir. 2009) (quoting Winter v. Natural Res. Def. Council, 555 U.S. 7 (2008)).

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