Payne Hackenbracht & Sullivan

Standards for Injunctive Relief

The federal courts have set certain standards for reviewing requests for injunctive relief. In Virginia Petroleum Jobbers Association v. Federal Power Commission, 259 F.2d 921 (D.C. Cir. 1958), the District of Columbia Circuit set forth the following standards for temporary injunctive relief.

1. Substantial probability that the plaintiff will prevail on the merits;

2. Irreparable harm to plaintiff unless the injunction is granted;

3. Absence of substantial harm to other interested parties; and

4. Absence of harm to the public interest.

The evidence presented for each of these criteria is balanced by the court on a sliding scale analysis; a much stronger showing on one or more of the necessary factors lessens the amount of proof required for the remaining factors. WMATA v. Holiday Tours, Inc., 559 F.2d 841 (D.C. Cir. 1977).