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Utah Senate advances resolution to remove second prong for injunctions after extended debate
Summary
Senate moves House Joint Resolution 2 to third reading after floor debate about removing Utah’s second-prong test for preliminary injunctions; proponents say it aligns state practice with federal courts, opponents warn of relitigation and retroactivity for existing injunctions.
Senator McKay moved the first substitute of House Joint Resolution 2 to third reading, proposing to eliminate Utah’s second-prong test for preliminary injunctions — the language that allows courts to issue temporary injunctions on the basis of a “substantial legal issue” even if the applicant is not shown substantially likely to win on the merits. McKay said the change brings Utah rule 65A into alignment with the federal standard and most other jurisdictions.
The proposal drew extended floor debate. Senator Weiler, who said he…
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