Plaintiff XYZ seeks a preliminary injunction to prevent Defendant ABC from continuing certain activities pending the resolution of their lawsuit. Which of the following is NOT a required factor that Plaintiff XYZ must demonstrate to obtain the preliminary injunction?
The correct answer is C. To secure a preliminary injunction, the plaintiff must show (1) a likelihood of success on the merits, (2) irreparable harm if the injunction is not granted, (3) that the balance of equities tips in their favor, and (4) that the injunction is in the public interest. Proving that the defendant has acted in bad faith is not a required factor.
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What are the key factors required to obtain a preliminary injunction?
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Why is irreparable harm important in seeking a preliminary injunction?
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What does it mean for the balance of equities to tip in favor of the plaintiff?