Injunction

A preliminary injunction is granted before or during a trial, usually to preserve the status quo while the matter is litigated. A court or arbitrator will typically only issue a preliminary injunction upon a showing by the party seeking the injunction that they will likely succeed on the underlying claim and would suffer irreparable harm but for the issuance of the injunction. A permanent injunction, on the other hand, is an order that is issued as a final ruling in a case.  

Preliminary injunctions can be a powerful tool for a plaintiff.  For example, in February 2024, a federal court in Tennessee issued a preliminary injunction that stops the NCAA from enforcing its Name Imagine Likeness (NIL) rule that prevented booster clubs (which are distinct from the college or university) from negotiating NIL deals during the recruitment process.  The preliminary injunction is to stay in effect until the court issues a final ruling on the challenge to the NCAA’s NIL-recruitment ban.