Also known as:injunctions · injunctive · injunctively · injunctive relief
Written by attorneys · grounded in primary & secondary sources — see below
A judicial order directing a party to perform or refrain from performing a specified act. The order is enforceable by contempt and is available when monetary damages would not provide adequate relief.
Sources & Authorities
How it applies
Common Examples
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Notice Requirement for Preliminary Relief
Ivy Investments moves for a preliminary injunction to halt a competitor's alleged trademark infringement. The district court schedules a hearing and requires Ivy to serve notice on the competitor before considering the motion. Because notice is provided, the court proceeds to evaluate whether the injunction should issue.
Adequacy of Injunction Versus Damages
Irene Ingalls sues Ivan Ivanov for repeated trespass across her farmland. She seeks an injunction rather than damages. The court compares the adequacy of an injunction stopping future entries against an award of money damages and grants the injunction because ongoing trespass cannot be fully remedied by payment.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Injunction Against Waste Impairing Security
Infinity Bank holds a mortgage on property owned by Israel Irving. Irving begins demolishing structures that secure the loan. The bank sues and obtains an injunction prohibiting further demolition because the waste threatens to impair the bank's security interest.
Interlocutory Appeal From Injunction Order
Isabelle Inman obtains a preliminary injunction in district court barring Imran Iyer from using disputed trade secrets. Iyer immediately appeals the order to the court of appeals. The appellate court accepts jurisdiction because the order grants an injunction.
Injunction Despite Liquidated Damages Clause
Ironwood Capital contracts with Island Manufacturing and includes a liquidated damages provision for breach of a non-compete. Island Manufacturing begins competing anyway. Ironwood seeks an injunction to enforce the covenant. The court grants the injunction even though the contract provides for liquidated damages.
Prospective Relief Against State Officer
A state environmental official continues to enforce a permitting scheme that violates federal law. Affected landowners sue the official in federal court for prospective injunctive relief requiring future compliance. The court permits the suit to proceed because the official is treated as stripped of state authority when acting unconstitutionally.
Common questions
Frequently Asked
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When may a court issue a preliminary injunction without notice?+
A court may issue a preliminary injunction only after notice to the adverse party under Fed. R. Civ. P. 65(a)(1). Without notice the movant must satisfy additional strict requirements for a temporary restraining order.
Supporting sources
Does the existence of a liquidated damages clause prevent injunctive relief for breach of contract?+
No. Specific performance or an injunction may be granted to enforce a duty even though the contract contains a liquidated damages provision.
Supporting sources
What standard governs appellate jurisdiction over injunction orders?+
Under 28 U.S.C. § 1292(a)(1) the courts of appeals have jurisdiction over interlocutory orders granting, continuing, modifying, refusing, or dissolving injunctions.
Supporting sources
When is an injunction available to a mortgagee for waste by the mortgagor?+
An injunction is available only to the extent the waste has impaired or threatens to impair the mortgagee's security.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…filed dissenting opinions. Syllabus This is an action by a pregnant single woman (Roe) for a declaratory judgment and injunctive relief against the Texas abortion laws, which make it a crime to procure or attempt an abortion except on medical advice for the purpose of saving the mother's life. A licensed physician…