Preliminary injunction, what’s your function?

I successfully defended a request for a preliminary injunction recently. The Court denied the request, in part, because the evidence fell far short of establishing actual irreparable harm, as opposed to mere allegations of possible future harm. In Pennsylvania, a preliminary injunction cannot be based on the mere possibility that harm may occur. The Pennsylvania Supreme Court has very recently reinforced this legal standard in the matter of CKHS, INC. AND THE FOUNDATION FOR DELAWARE COUNTY v. PROSPECT MEDICAL HOLDINGS, INC. Remember, the function of a preliminary injunction it prevent irreparable harm while the merits of the case moves forward. If you cannot establish irreparable harm to the legal standard, it is probably better to focus on the case on the case on its merits and forgo seeking preliminary injunctive relief.