Abstract

http://ssrn.com/abstract=1973152
 


 



Consolidating the Preliminary Injunction Hearing and Trial: Changing the Rules in the Middle of the Game


Arthur D. Wolf


Western New England University School of Law

Murry Brower


affiliation not provided to SSRN

December 16, 2011

Western New England Law Review, Vol. 11, p. 209, 1989

Abstract:     
In this Article the Author addresses the issues surrounding consolidation, the situation that arises when a court decides the merits of a dispute based solely on the record produced at a hearing on motion for a preliminary injunction. The Author identifies some of the more flagrant abuses that trial and appellate courts have committed in reaching the merits after only a hearing on a motion for preliminary relief. The proposed amendments discussed in the Article would serve both courts and parties. They would prevent the kind of abuses discussed in this article by requiring that the parties be informed of the procedural setting in which the court intends to operate. They would also afford the parties the opportunity to object to a consolidation order in much the same way as parties do when faced with a summary judgment motion. The provisions would insure that due process is provided and that parties have the chance to present all the evidence they plan to introduce. The proposed amendments are also designed to avoid tying the hands of the courts. While the judges may still play an active role in litigation, the proposed changes clarify what that role should be by adding specific procedures to govern a disposition on the merits after only a hearing on a motion for a preliminary injunction.

Number of Pages in PDF File: 26

Keywords: preliminary injunction hearing, consolidation, adequate notice, civil procedure

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Date posted: December 17, 2011  

Suggested Citation

Wolf, Arthur D. and Brower, Murry, Consolidating the Preliminary Injunction Hearing and Trial: Changing the Rules in the Middle of the Game (December 16, 2011). Western New England Law Review, Vol. 11, p. 209, 1989. Available at SSRN: http://ssrn.com/abstract=1973152

Contact Information

Arthur D. Wolf (Contact Author)
Western New England University School of Law ( email )
1215 Wilbraham Road
Springfield, MA 01119
United States

Murry Brower
affiliation not provided to SSRN
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