Law Review

New law review research has been reported by D. Lichtman et al

Published in Medicine and Law Weekly, August 3rd, 2007

According to a study from the United States, "The conventional approach to preliminary relief focuses on irreparable harm but entirely neglects irreparable benefits. That is hard to understand."

"Errant irreversible harms are important because they distort incentives and have lasting distributional consequences. But the same is true of errant irreversible gains. When a preliminary injunction wrongly issues, then, there are actually two distinct errors to count: the irreparable harm wrongly imposed on the nonmoving party, and the irreparable benefit wrongly enjoyed by the moving party. Similarly, when a preliminary injunction is wrongly denied, there are again two...

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Source: Medicine and Law Weekly (2007-08-03)

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