Injunctive Relief in Maryland
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This informative article explains everything you need to know about injunctive relief in Maryland. Learn the different types of injunctions, the factors courts consider when granting them, and real-life examples of how they are used. By understanding injunctive relief, you can protect your rights and stop ongoing harm.
What is Injunctive Relief?
Injunctions are court orders that require a defendant to take certain action or refrain from taking certain actions. In some circumstances a money judgment from a court may not be sufficient to make a party whole from another’s misconduct. In such cases, an injunction is often an appropriate remedy.
Types of Injunctive Relief in Maryland
There are three types of injunctions, or stages to injunctive relief, under Maryland law: (1) a temporary restraining order; (2) a preliminary injunction; and (3) a permanent injunction.
Temporary Restraining Orders
A temporary restraining order (TRO) is a type of injunction issued early on in a case and is intended to maintain the “status quo.” A TRO lasts no more than 10 days in the case of a Maryland resident defendant and no more than 35 days in the case of a nonresident. It can be extended by the court for good cause.
Preliminary Injunctions
A preliminary inunction is also designed to maintain the “status quo” and lasts until the court either addresses or resolves the merits of the controversy by either issuing a permanent injunction or determining that the claimant is not entitled to a permanent injunction.
In both a TRO and a preliminary injunction, the “status quo” that the court seeks to maintain refers to “the last, actual, peaceable, non-contested status which preceded the pending controversy.”
Permanent Injunctions also known as Final Injunctions
A permanent injunction is a final resolution granted by the court after a determination of the merits.
4 Factors to Prove When Filing for Injunctive Relief
In order to obtain an injunction, a party must prove four things in court:
- That the party has some right which will be irreparably damaged in the absence of an injunction.
- That the benefits to the plaintiff in obtaining the injunction are equal to or outweigh the potential harm which the defendant would incur, were the inunction granted.
- That the plaintiff will suffer irreparable injury unless the injunction is granted. The injury need not “be beyond all possibility of compensation in damages, nor need it be very great.”
- When appropriate, that public interest is best served by granting the injunction.
The party seeking an injunction has the burden of showing that there are facts to support these factors. The party must prove each of the four factors. The party seeking the injunction must establish that it has a real probability of prevailing on the merits, not just a possibility.
When granting a TRO or Preliminary Injunction, the court may require the party receiving the benefit of the ruling to post a bond. This bond is designed to protect the party against whom the order is entered against damages that may be sustained because of the injunction.
Examples of Injunctive Relief
A court may issue an injunction in Maryland when a party is interfering with someone’s business or property rights. Here are some examples:
Soliciting your customers: A competitor hires a salesperson who starts contacting your established customers, trying to lure them away. An injunction could prevent the salesperson from soliciting your customers, protecting your client base and business relationships.
Deceptive advertising: A competitor launches a marketing campaign that makes false or misleading claims about your products or services. An injunction could force them to stop the campaign immediately, protecting your reputation and preventing customer confusion.
Non-solicitation of employees: A competitor engages in aggressive poaching of your key employees, offering them incentives to breach their contracts and join their company. An injunction could prevent them from soliciting your employees, protecting your team and business continuity.
Breach of contract with a vendor: A critical vendor you rely on breaches your contract and threatens to stop supplying essential materials or services. An injunction could force them to continue fulfilling the contract, ensuring your business operations aren’t disrupted.
These are just a few examples, and an injunction may be appropriate in other situations as well.
Stop the Harm. Protect Your Business.
Injunctive relief can be a powerful tool to prevent ongoing harm and safeguard your rights. But navigating the legal process and understanding the intricacies of injunctive relief can be complex.
Our Southern Maryland civil litigation attorneys have a proven track record of securing injunctive relief for businesses in Maryland. We’ll work closely with you to understand your situation, assess your eligibility for an injunction, and develop a strategic course of action. Don’t wait for the damage to be done. Schedule a consultation with Baldwin Briscoe & Steinmetz today and let us help you protect your business.
The information contained on this page is provided as general information and does not constitute legal advice.
