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About Injunctive Relief
A comprehensive and practical guide to injunctive relief from pre-filing considerations to appellate relief
The injunction - a court order that directs a party to perform or refrain from performing a particular action - is an exceptionally potent and far-reaching remedy, the grant or denial of which often leads to a cascade of serious consequences. Over time, injunctions have become more common and ordinary in the court system.
This new guide by the ABA Section of Litigation, Injunctive Relief: Temporary Restraining Orders and Preliminary Injunctions is a comprehensive and practical guide to injunctive relief that covers the issues relevant to these types of motions from pre-filing considerations to appellate relief.
Beginning with a detailed history, the guide is broken out into three parts:
Part I examines the requirements for obtaining preliminary injunctions and temporary restraining orders in each of the Federal Courts of Appeal and for each state.
Part II discusses in detail all of the issues that should be considered before deciding to file a motion for such injunctive relief, including: --what constitutes irreparable injury? --when are you entitled to a presumption of irreparable injury? --will a preliminary injunction impact the public interest? --how status quo affects preliminary injunctive relief? --what type of relief should you seek -- a TRO or preliminary injunction --how the timing affects the filing --and more.
Part III provides very detailed instructions regarding all procedural aspects for filing such motions, including the specific rules for such motions in each state, as well as: --guidelines on how to file for injunctive relief --what type of notice is required --the presentation of evidence --federal and state specific laws on appeals --and much more.
In addition, the book includes checklists to make sure all procedures are followed, flowcharts to help practitioners decide whether to file such motions and if so, which type to file, and statistics relating to how often these motions are granted/denied in different types of cases.
