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2011 SESSION
11103236DBe 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.