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2011 SESSION

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11103236D
SENATE BILL NO. 851 Offered January 12, 2011 Prefiled January 7, 2011 A BILL to amend and reenact § 8.01-628 of the Code of Virginia, relating to temporary injunctions. ---------- Patron-- 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 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.