Q: What does it mean when a court issues an “injunction”?
A: Sometimes, the relief a plaintiff needs from a court is not monetary. Instead, it is for someone—a neighbor cutting trees on plaintiff’s property, a former employee violating their non-solicitation agreement, or a company polluting the environment—to stop or refrain from doing something that causes them harm. That type of relief is called an “injunction.” Some plaintiffs may also seek an injunction against the government to enjoin it from enforcing a particular law if they believe it violates the Constitution.
Injunctions can be preliminary in nature—lasting for the duration of a particular lawsuit—or they can be permanent as part of a court’s decision on the underlying merits of a dispute. A court will not issue an injunction, however, unless the plaintiff establishes that there is an immediate danger of irreparable harm. Courts generally define irreparable harm as an actual, presently existing threat of serious harm that cannot adequately be remedied through monetary compensation alone. An employee who discloses their former employer’s confidential information, for example, causes irreparable harm that is not purely economic in nature.
At the beginning of a case, a court will not issue a preliminary injunction unless the plaintiff establishes that they have a substantial likelihood of succeeding on the merits of their underlying claim. Although a court’s decision to grant an injunction does not finally resolve the merits of the case, a court’s inclination to grant a preliminary injunction does shed light on how it views the merits of the dispute at the time.
Similar to a preliminary injunction, a party may instead seek a temporary restraining order (“TRO”). TRO is also an order from the court enjoining irreparable harm. However, its duration is usually not for the entirety of litigation, in part because many TROs are obtained ex parte, i.e., without giving the other side notice, and in many cases without a hearing.
Just because you meet the requirements for a preliminary injunction (i.e., irreparable harm that cannot be remedied by money damages alone) does not mean that you are foreclosed from seeking damages. You may have other claims arising out of the same dispute for which you can claim monetary damages. It is advisable to consult with counsel while navigating which course(s) of action will target your desired relief.
Know the Law is a bi-weekly column sponsored by McLane Middleton. Questions and ideas for future columns should be emailed to knowthelaw@mclane.com. Know the Law provides general legal information, not legal advice. We recommend that you consult a lawyer for guidance specific to your particular situation.