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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.

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