Preliminary Injunctions: In Defense of the Merits

18 Pages Posted: 3 Jan 2007

Date Written: January 2007

Abstract

A recent Stanford Law Review article by Richard Brooks and Warren Schwartz contends that the goal of preliminary injunctions should be to promote efficient conduct during a lawsuit, and that this can be done by granting injunctions to all plaintiffs who post a bond covering the defendant's damages provided that the plaintiff has some claim on the merits. This reply defends the more traditional approach theorized in a past article by its author and in opinions of Judge Posner under which courts should consider the merits of the plaintiff's claim and the irreparable injury to the parties' rights that an erroneous grant or denial of preliminary relief would inflict.

Keywords: preliminary injunction, interlocutory relief

JEL Classification: K41

Suggested Citation

Leubsdorf, John, Preliminary Injunctions: In Defense of the Merits (January 2007). Rutgers School of Law-Newark Research Paper No. 014, Available at SSRN: https://ssrn.com/abstract=954733 or http://dx.doi.org/10.2139/ssrn.954733

John Leubsdorf (Contact Author)

Rutgers Law School - Newark ( email )

Newark, NJ
United States

HOME PAGE: http://law.newark.rutgers.edu/facbio/leubsdorf.html

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