Deciding Whether to Sue for Injunction, and What is the Process to Obtain Injunctive Relief
Reading Time: 3 minutes
Suing for an injunction in Florida is all about preserving the status quo. Therefore, it’s important to not consider it a tool for righting a wrong. Rather, it’s about dealing with the future, not something that happened in the past. In this presentation, Jimerson Birr Associate Austin B. Calhoun covers Florida law on injunctive relief as a remedy, the process for seeking and obtaining injunctive relief through the judicial system, pre-litigation considerations, and enforcement of an injunction order once entered. This is a must-watch video before you consider whether to sue for injunction.
To access the presentation, visit YouTube or click play on the embedded image below. The length of the presentation is 46:09.
Risks If You Sue For Injunction
Often businesses do not consider the implications for taking this action. As a result, Austin begins the presentation by sharing some of the things you should think about before pursuing an injunction:
- An injunction can disrupt your business.
- There are immediate expenditures necessary.
- What happens if the temporary injunction is not granted?
There is a lot on the line. Therefore, it should not be a decision made lightly. Rather, these are some additional factors to consider while determining the feasibility of this action:
- What is the possibility of success?
- How long will the injunction be effective?
- What impact will it have on third-parties and employees?
- There may be disclosure of confidential information such as trade secrets.
- There could be a negative impact on the plaintiff’s public image.
Considerations When Crafting A Request For The Court To Reward An Injunction
Will the court be able to enforce the injunction, or will it require intensive court supervision? Very often courts do not grant injunctions if there is not a lot of specificity and practicality in the request for an injunction. Therefore, you should ask yourself these questions before proceeding:
- Does the injunction provide broad or limited relief?
- Does the temporary injunction preserve the Status Quo or does it make a change?
- Is the injunction prohibitory or mandatory?
- Does the court’s have ability to enforce what you are requesting?
- Is there any vagueness, or is everything extremely clear?
- Should you request a temporary injunction or push quickly for final permanent injunction?
You Are Ready To Begin The Process For Obtaining Injunctive Relief
So, you answered the questions above, and you consider this to be the best approach to resolving your matter. The next step is careful preparation before the temporary injunction hearing. Therefore, the video continues on this topic by explaining:
- Obtaining injunctive relief.
- The injunction order.
- Wrongfully issued injunctions.
- Dissolving or modifying injunctions.
- Enforcing an injunction.
- Contexts for injunctions.
A suit for injunction is an extraordinary remedy for businesses and individuals alike. As such, following the process to the tee will help improve your chances for success. In addition, be sure you have competent, knowledgeable and experienced counsel in your corner. Otherwise, there may be something missed or an unintended consequence when you sue for injunction, which can can bring about dissatisfaction, regardless of who prevails.