K & K of Va., L.L.C. v. Brinkley

By Judge Junius P. Fulton, III

The Court has considered the plaintiff’s brief in support and the defendant’s brief in opposition in consideration of the plaintiff’s request for injunctive relief.

Although there are no Virginia Supreme Court cases on point, the United States Supreme Court has articulated what factors must be shown to establish the plaintiff’s equity and allow the granting of a temporary injunction. “A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary…