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 ?
certification where a class seeks mainly equitable or injunctive relief.
In the literature, a plethora of studies on injunctive norms have been conducted on the college student population, but only a few studies on this topic have focused specifically on college student-athletes.
He also claimed the transfer occurred several months before the court issued the injunctive order, and the asset liquidation was handled by the firm, which was not named in the order.
Synapse opposed the suit, arguing that the plaintiffs couldn't seek injunctive relief because they wouldn't suffer any future damages.
The requesting party (MSHA) must show that irreparable damage will occur if a Preliminary Injunctive Order is not issued to prevent the other party from engaging in, or continuing, illegal actions under the Mine Act.
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.
In 2000, several Ohio and Michigan citizens (collectively, "Cuno") brought suit in the Lucas County, Ohio, Common Pleas Court, for declaratory and injunctive relief contending that Ohio's investment tax credit and the property tax exemption were unconstitutional.
The district court granted summary judgment in part, denied in part, and granted injunctive relief.
The Agreement provided that in the event of a breach, JFK would suffer irreparable harm and damage and would be entitled to injunctive relief to enforce the post-employment restraints.
She also sought injunctive relief in the form of a declaration that such restoration of value is owed under Meridian's policy.
Other less obvious changes likely will in elude these: The investigation/ enforcement time cycle will be shortened considerably, SEC injunctive proceedings will be all but abandoned as an enforcement mechanism against accountants, and many important enforcement decisions will revolve around the regulatory perception of a targeted firm's overall adherence to effective quality control standards.