Also known as: injunctive order · injunction · injunctive relief
Written by attorneys · grounded in primary & secondary sources — see below
A judicial directive that compels a party to perform a specific act or to refrain from particular conduct. The directive supplies equitable relief when monetary damages would prove inadequate and when the balance of hardships and other factors favor court intervention.
Imani Idowu moves for a preliminary injunction to halt Insight Consulting from using her proprietary software. The court schedules a hearing and requires Insight to receive formal notice before any order issues. Insight appears and contests the motion on the merits.
Isabelle Inman sues Ike Ingram for ongoing trespass that blocks access to her commercial loading dock. Monetary damages would compensate only past losses while the trespass continues. The court weighs the adequacy of an injunction against continued damages and grants injunctive relief.
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Infinity Bank holds a mortgage on property owned by Imran Iyer. Iyer begins demolishing valuable structures without consent, threatening the bank's security. The bank seeks an order prohibiting further changes to the real estate. The court issues an injunction limited to the impairment of security.
Ivy Investments contracts with Icarus Aviation for exclusive use of certain landing rights. The contract contains a liquidated-damages clause for breach. Icarus threatens to lease the rights to a competitor. Ivy seeks an injunction to enforce the exclusivity term. The court grants the injunction even though the clause exists.
Ilana Isaacs, a limited partner, brings a derivative action against the general partner for self-dealing. The partnership appoints a special litigation committee. Isaacs moves for a temporary restraining order to preserve partnership assets during the investigation. The court grants the requested extraordinary relief.
Ian Iverson obtains a preliminary injunction against Ivy Investments to stop an allegedly unlawful stock sale. The court requires Ian to post a bond in an amount sufficient to cover costs and damages if the injunction is later found wrongful. The United States is not required to post security in a parallel government action.
The movant must demonstrate immediate and irreparable injury that will occur before the adverse party can be heard. The verified complaint or affidavit must contain specific facts establishing that harm. Courts also consider the balance of equities and the public interest.
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Notice is ordinarily required. An ex parte order is permitted only when the movant shows that immediate irreparable injury will result before notice can be given and explains why notice should not be required. The order must still meet strict content and filing requirements.
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No. A valid liquidated-damages provision does not preclude injunctive relief. The clause addresses the measure of damages but does not constitute an agreement to forgo equitable enforcement of the underlying duty.
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The movant must give security in an amount the court deems proper to cover costs and damages if the enjoined party is later found to have been wrongfully restrained. The United States and its agencies are exempt from this requirement.
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…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…