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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 business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.