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Does ORCP 82 Really Require Security for Every Preliminary Injunction?

March 23, 2012

In his Spring 2012 Litigation Journal article, Steven Wilker studies the 1985 Oregon Supreme Court decision that a preliminary injunction issued without requiring security is void. As a result, the injunction order could be disobeyed without consequence. The Supreme Court made an error, however, because neither the parties nor the court apparently considered the rest of ORCP 82A.