SB851: Temporary injunctions; considerations in awarding.


SENATE BILL NO. 851
Senate Amendments in [ ] -- January 19, 2011
A BILL to amend and reenact § 8.01-628 of the Code of Virginia, relating to temporary injunctions.
Patron Prior to Engrossment--Senator Petersen
Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That § 8.01-628 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-628. Considerations in awarding temporary injunctions.

No temporary injunction shall be awarded unless the court shall be satisfied of the plaintiff's equity.In assessing whether to award a temporary injunction, a court shall  [ determine the prevailing party and fashion relief based upon review  ]  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.

SENATE BILL NO. 851
Offered January 12, 2011
Prefiled January 7, 2011
A BILL to amend and reenact § 8.01-628 of the Code of Virginia, relating to temporary injunctions.
Patron-- Petersen
Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That § 8.01-628 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-628. Considerations in awarding temporary injunctions.

No temporary injunction shall be awarded unless the court shall be satisfied of the plaintiff's equity.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.