Temporary injunctions; considerations in awarding. (SB851)

Introduced By

Sen. Chap Petersen (D-Fairfax)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Temporary injunctions.  Provides that, in assessing whether to award a temporary injunction, a court shall determine the prevailing party and fashion relief based upon the following factors: (i) the likelihood of irreparable harm to the party seeking the temporary injunction if the temporary injunction is denied; (ii) the likelihood of harm to the party not seeking the temporary injunction if the temporary injunction is granted; (iii) the likelihood that the party seeking the temporary injunction will succeed on the merits; and (iv) the public interest. Read the Bill »


Bill Has Failed


01/07/2011Prefiled and ordered printed; offered 01/12/11 11103236D
01/07/2011Referred to Committee for Courts of Justice
01/11/2011Assigned Courts sub: Civil
01/17/2011Reported from Courts of Justice with amendment (8-Y 3-N) (see vote tally)
01/18/2011Constitutional reading dispensed (37-Y 0-N) (see vote tally)
01/19/2011Read second time
01/19/2011Reading of amendment waived
01/19/2011Committee amendment agreed to
01/19/2011Engrossed by Senate as amended SB851E
01/19/2011Printed as engrossed 11103236D-E
01/20/2011Read third time and passed Senate (31-Y 7-N) (see vote tally)
02/07/2011Placed on Calendar
02/07/2011Read first time
02/07/2011Referred to Committee for Courts of Justice
02/07/2011Assigned Courts sub: #2 Civil
02/16/2011Subcommittee recommends reporting with amendment(s) (6-Y 3-N)
02/21/2011Failed to report (defeated) in Courts of Justice (9-Y 12-N) (see vote tally)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 4 minutes.


Paul A. Prados, Attorney at Law, tracking this bill in Photosynthesis, notes:

The Supreme Court has yet to state thee standard for temporary/preliminary injunctions. This is a common sense statute codifying the common law non-binding standard for temporary injunctions.