injunction

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injunction

a court order issued to a person or company requiring them to desist from behaving in ways which are harmful to other people. See CONTRACT, TORT.

injunction

A court order requiring a party to do something,or to stop doing something,until further notice.If the party fails to perform according to the injunction, then the party will be required to appear in court, defend his or her actions, and show cause why he or she should not be held in contempt of court.If held in contempt,the party may be ordered to pay a fine,may be jailed until the contempt is cured,or could suffer both consequences.

Injunctions come in three varieties:

1. Temporary restraining order (TRO). Usually obtainable with little or no notice to the defendant, sometimes as quickly as within an hour or so if the complaining party can convince a judge that there is immediate risk of irreparable harm if the restraining order is not issued.

2. Preliminary injunction. Usually issued after a TRO, if the judge decides that an injunction should remain in effect until such time as there can be a full trial on the merits of the case. Failure to obtain a TRO does not mean a judge will not issue a preliminary injunc- tion; it simply means the judge did not agree with the plaintiff's evaluation of the neces- sity for urgent action.

3. Final injunction. The final order issued by a court after it has heard all the evidence and legal arguments for and against the injunction. The order is a final order, from which the parties may appeal.

References in periodicals archive ?
(56) Further, all of these proposals have overlooked the issue of prospective injunctive relief under FLSA's main provisions, (57) failing to note how FLSA's remedial structure differs from other employment and civil rights statutes by reserving this relief for agency actions.
Unlike retrospective injunctive relief, which ostensibly benefits
Recommendation: To improve the transparency and accuracy of its reports to Congress and the public when reporting on the effectiveness of the enforcement programs, the EPA Administrator should, when reporting other major outcome measures of civil enforcement efforts, clearly disclose that the monetary value of injunctive relief is based on estimates of future amounts that defendants expect to spend to achieve outcomes, as agreed in consent decrees.
(42) The Continental Paper Bag Court stated that "such exclusion may be said to have been the very essence of the right conferred by the patent, as it is the privilege of any owner of property to use or not use it, without question of motive." (43) A strong presumption of injunctive relief evolved from a line of cases following Continental Paper Bag.
The declaratory and injunctive relief sought by Cuno, however, would do nothing to redress this displacement, and thus even this member of Cuno fails to meet the third element of standing.
Under BHCA, the Department of Justice and the federal banking agencies monitor bank behaviors, and private parties can sue for injunctive relief. Although there are substantial civil penalties, legal action requires the expenditure of considerable time, effort and money, and will not provide much comfort to injured borrowers that are starved for credit.
A system wide policy of filing actions for injunctive relief provides a middle ground between idle threats and termination that is effective and cost-efficient.
It seeks injunctive relief to bar the use of the exam as a graduation requirement in 2003 and thereafter.
It is the extension of this statutory injunctive relief to protect equitable distribution claims that, upon closer scrutiny, is not authorized by either the statute or the case law.
It turned then to the Ford-Citibank contention that their cost of compliance with the plaintiffs' request for injunctive relief would carry the case over the jurisdictional amount.
Garrett, a federal appeals court affirmed that state employees may sue state officials for injunctive relief under Title I of the Americans with Disabilities Act (ADA).
While XIOtech and Seagate have denied any infringement of Storage Computer's patent, Seagate's counterclaim seeks injunctive relief, damages and legal costs arising from Storage Computer's alleged infringement of Seagate's invention.