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Injunctive Relief Toolkit (Federal)
Practical Law Toolkit w-002-5658 (Approx. 9 pages)
Injunctive Relief Toolkit (Federal)
by Practical Law Litigation
| Maintained • USA (National/Federal) |
A collection of resources to help counsel seek, oppose, and navigate injunctive relief under various authorities. These resources address pursuing or defending injunctions under Federal Rule of Civil Procedure (FRCP) 65, the Copyright Act, the Lanham Act, the Patent Act, the Labor Management Relations Act of 1947, the Defend Trade Secrets Act of 2016, the Uniform Trade Secrets Act, in domestic and international arbitration, and more.
An injunction is an equitable remedy that requires a party to:
- Refrain from performing a particular act (known as a prohibitive or prohibitory injunction).
- Perform a particular act (known as a mandatory injunction).
A court may issue a prohibitory injunction, a mandatory injunction, or a combination of both. Prohibitory injunctions are more common in US courts.
An injunction generally may be temporary or permanent. A temporary injunction preserves the status quo and the rights of the parties until the court issues further orders. A permanent (or final) injunction may continue after an action concludes, either perpetually or until a specified date.
A party often seeks temporary injunctive relief in the form of a temporary restraining order (TRO) or a preliminary injunction.
A TRO requires a party to immediately perform or refrain from performing a particular act pending the outcome of a motion for preliminary injunction. Where permitted, parties often seek a TRO on an ex parte basis.
A preliminary injunction requires a party to perform, or refrain from performing, a particular act until the court enters final judgment in the case. A preliminary injunction may become permanent if the court grants a party's request for a preliminary injunction and later enters a final judgment granting that party a permanent injunction. However, a preliminary injunction that the court grants is no longer effective if the court enters final judgment against the requesting party.
If a party violates the terms of an injunction, it may be held in contempt of court. Counsel for a client who is subject to an injunction should ensure that the terms of any injunction are clear so that the party can understand what it must do or must not do.
In arbitration, parties generally may seek injunctive relief under applicable institutional rules, such as the American Arbitration Association Commercial Arbitration Rules, the International Centre for Dispute Resolution Rules, and the Financial Industry Regulatory Authority (FINRA) Code of Arbitration Procedure for Industry Disputes.
This Injunctive Relief Toolkit contains resources to help counsel navigate injunctive relief, including resources that address:
- Seeking or opposing injunctive relief under various authorities, such as:
- The Labor Management Relations Act of 1947.
- The Copyright Act.
- The Lanham Act.
- The Patent Act.
- Institutional arbitration rules.
- Appealing an order granting or denying preliminary injunctive relief in federal court.