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.

Injunctions and Emergency Relief: A Comprehensive Guide to Restraining Orders, Bonds, and Appeals

Litigation > Injunctions and Emergency Relief | Published 21 October 2023 - Updated 5 February 2025 | UpLaw - uplaw.us

How to Use This Guide

Parts 1 through 3 cover the instruments and the standard. Parts 4 through 7 cover procedure: notice, security, scope, and drafting. Parts 8 and 9 cover enforcement and the asset-freeze problem. Parts 10 through 12 cover permanent relief, appeals, and the anti-injunction statute. Part 13 covers specialized contexts and Part 14 gives the preparation framework.

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