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Commercial division update: The high standard for mandatory preliminary injunctions

New York Law Journal

United States Publication October 2019

Commercial litigants often seek interlocutory equitable relief by moving for preliminary injunctions to maintain the status quo and protect their rights pending final judgment. Preliminary injunctions may be prohibitory or mandatory in nature; whereas a prohibitory preliminary injunction seeks to enjoin a party from engaging in certain action during the pendency of the case, mandatory preliminary injunctions compel a party to perform an affirmative act while the action is pending.

Because mandatory preliminary injunctions have the significant potential to disturb the status quo, they are subject to a higher standard than their prohibitory cousins, and are rarely granted except under extraordinary or unique circumstances.

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