Montana HB409 revises injunction laws to align with federal standards and prohibits certain tests in preliminary injunction applications.
Montana HB409 amends state law to revise the criteria for granting preliminary injunctions and temporary restraining orders, aligning them with federal standards. The bill specifies that such injunctions may be granted when the applicant is likely to succeed on the merits, likely to suffer irreparable harm, the balance of equities tips in the applicant's favor, and the order is in the public interest. It also prohibits courts from using the serious questions test or any other sliding scale test when considering an application for a preliminary injunction or a temporary restraining order.
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