Thursday, April 17, 2014

OHIO Part 56

In determining whether injunctive relief should be issued under Civil Rule 65, Ohio courts consider the following criteria:

(1) whether there is a substantial likelihood plaintiff will prevail in the merits;

(2) whether plaintiff will suffer irreparable injury if the injunction is not granted;

(3) whether third parties will be unjustifiably harmed if the injunction is granted; and

(4) whether the public interest will be served by the injunction.

The court will consider each of the issues individually, but the emphasis typically falls to consideration of the plaintiff has been irreparably injured.

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