True, there are a number of things needed in order to secure a temporary restraining order (or, in legal shorthand, a "TRO").

But one of those things truly stands out above the others in terms of importance. And you need not take my word for it; consider this language from a recent opinion rendered by a district court judge sitting in New York, citing the Second Circuit:

What One Federal Court Said About this Issue

"A showing of irreparable harm is “the single most important prerequisite for the issuance of a preliminary injunction.” JTH Tax, LLC v. Agnant, 62 F.4th 658, 672 (2d Cir. 2023). To succeed, Plaintiff “must demonstrate that absent a preliminary injunction they will suffer an injury that is neither remote nor speculative, but actual and imminent, and one that cannot be remedied if a court waits until the end of trial to resolve the harm ...

“[I]ssuing a preliminary injunction based only on a possibility of irreparable harm is inconsistent with [the] characterization of injunctive relief as an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief.” Winter v. Nat. Res. Def. Council, 555 U.S. 7, 22 (2008).


Jonathan Cooper
Connect with me
Non-Compete, Trade Secret and School Negligence Lawyer