Guide · Litigation
Injunctions and Emergency Relief: A Comprehensive Guide to Restraining Orders, Bonds, and Appeals
28 U.S.C. § 1292
- Type
- Guide
- Jurisdiction
- National
- Date
- 2023-10-21
- Topic
- Litigation
This guide covers provisional and permanent injunctive relief in civil litigation from the first emergency call through appellate review. It begins with the instruments available and the procedural architecture of Rule 65, then works through each of the four factors, with extended treatment of irreparable harm because that factor decides most applications. Separate parts address the heightened requirements for relief without notice, the security requirement and how amounts are set and contested, the distinction between prohibitory and mandatory relief, and the drafting of orders that can actually be enforced. Later parts cover contempt, the limits on freezing assets and the prejudgment remedies that substitute, permanent injunctions under the eBay framework, appellate review and stays, the anti-injunction statute, and specialized contexts including trade secrets, intellectual property, government action, arbitration, and class litigation. A final part gives a preparation and opposition framework.
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