Temporary injunctions; considerations in awarding. (SB851)
Introduced By
Sen. Chap Petersen (D-Fairfax)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
✓ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
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 »
Outcome
Bill Has Failed
History
| Date | Action |
|---|---|
| 01/07/2011 | Prefiled and ordered printed; offered 01/12/11 11103236D |
| 01/07/2011 | Referred to Committee for Courts of Justice |
| 01/11/2011 | Assigned Courts sub: Civil |
| 01/17/2011 | Reported from Courts of Justice with amendment (8-Y 3-N) (see vote tally) |
| 01/18/2011 | Constitutional reading dispensed (37-Y 0-N) (see vote tally) |
| 01/19/2011 | Read second time |
| 01/19/2011 | Reading of amendment waived |
| 01/19/2011 | Committee amendment agreed to |
| 01/19/2011 | Engrossed by Senate as amended SB851E |
| 01/19/2011 | Printed as engrossed 11103236D-E |
| 01/20/2011 | Read third time and passed Senate (31-Y 7-N) (see vote tally) |
| 02/07/2011 | Placed on Calendar |
| 02/07/2011 | Read first time |
| 02/07/2011 | Referred to Committee for Courts of Justice |
| 02/07/2011 | Assigned Courts sub: #2 Civil |
| 02/16/2011 | Subcommittee recommends reporting with amendment(s) (6-Y 3-N) |
| 02/21/2011 | Failed to report (defeated) in Courts of Justice (9-Y 12-N) (see vote tally) |
Comments
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.