Bill Text: VA SB851 | 2011 | Regular Session | Engrossed

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Bill Title: Temporary injunctions; considerations in awarding.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2011-02-21 - House: Failed to report (defeated) in Courts of Justice (9-Y 12-N) [SB851 Detail]

Download: Virginia-2011-SB851-Engrossed.html

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11103236D
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.