An injunction prevents or compels a particular act by court order. An injunction may either be prohibitory or mandatory. A prohibitory injunction prevents action, leaving the parties in the same position as they were prior to the injunction. Conversely, a mandatory injunction compels an affirmative act, causing a change in the position of the parties. The latter type is harder to obtain.
Before a case is heard, courts will generally consider four factors when determining whether to grant a preliminary injunction:
- Whether the movant will be irreparably injured if the injunction is denied
- Whether the movant is likely to prevail on the merits
- The balance of harms between the movant and respondent if the injunction is granted
- The public interest
After a case has been tried, the plaintiff may move for a permanent injunction.
Mr. Patterson wrote the book on preliminary injunctions and temporary restraining orders in business disputes: Handling the Business Emergency: Temporary Restraining Orders and Preliminary Injunctions (ABA 2009). Michael Haeberle is now preparing a second edition at the request of the American Bar Association. For a copy of the book, click here.
If you are seeking an injunction or need assistance in defending against an injunction, get in touch with us at (312) 223-1699 or email Thomas E. Patterson at firstname.lastname@example.org or Michael Haeberle at email@example.com.