Some clients want to file lawsuits to attempt to stop an adverse party from doing something, like opening a competing business or going to work for a competitor. Here's what you have to prove to obtain an injunction, and a short discussion of how this plays out in court:
A plaintiff seeking an injunction must establish three elements of proof:
(1) it has a clear legal or equitable right;
(2) that it has a well-grounded fear of immediate invasion of that right; and
(3) that defendants’ actions are either resulting or will result in actual or substantial injury to the moving party.
In deciding whether a party has a clear legal and equitable right, the relevant inquiry is whether the party is likely to prevail on the merits. Where the injury complained of may be compensated by monetary damages, a party has an adequate remedy at law, and is not entitled to injunctive relief. Since injunctions are within the equitable powers of the court, these criteria must also be examined in light of equity, including the balancing of the relative interests of the parties and the interests of the public, if appropriate.
Contact Mark D. Walters