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TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND PERMANENT INJUNCTION

In Nevada, in order to obtain a temporary restraining order, preliminary injunction, or permanent injunction, generally, the following are considered by the courts:

  1. A party must demonstrate that it has a reasonable probability of success on the merits of its underlying claims;
  2. Without injunctive relief, plaintiff will suffer irreparable harm for which compensatory damages are inadequate;
  3. The court may weigh the public’s interest in seeing the harm stopped, as well as the relative hardships of the parties should the court take or refuse to take action; and
  4. The purpose of the restraining order/injunction is to preserve the status quo, or to “preserve a business or property interest.” Buion v. Terra Mktg. of Nev., Inc., 90 Nev. 237, 240, 523 P.2d 847, 848 (1974).
  5. Imposition of a bond is required by NRCP 65(c).

Boulder Oaks Cmty. Ass’n v. B&J Andrews Enters., LLC, 215 P.3d 27, 31 (Nev. 2009); Dept. of Conservation & Natural Res., Div. of Water Res.v. Foley, 121 Nev. 77, 80, 109 P.3d 760, 762 (2005); S.O.C., Inc. v. The Mirage Casino-Hotel, 117 Nev. 403, 408, 23 P.3d 243, 246 (2001); Kaldi v. Farmers Insur. Exch., 17 Nev. 273, 21 P.3d 16 (2001);  Camco, Inc. v. Baker, 113 Nev. 512, 516, 936 P.2d 829, 831 (1997); Clark County School Dist. v. Buchanan, 112 Nev. 1146, 1150, 924 P.2d 716, 719 (1996); Sobol v. Capital Mgt. Consultants, Inc., 102 Nev. 44, 726 P.2d 335 (1986); Coronet Homes, Inc. v. Mylan, 84 Nev. 435, 442 P.2d 901 (1968); NRCP 65; NRS 33.010.

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.

The information provided on this site does not, and is not intended to constitute legal advice. You understand each legal matter should be considered to be unique and subject to varying results. You should not take or refrain from taking action based on any information contained on this website without first consulting legal counsel, as it is not intended to advise you on your particular matter. Further, you understand that no guarantee is given that the information contained herein is an accurate statement of the law at any given point in time, as the law is constantly changing. Please see http://nevadalaw.info/disclaimer

 

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