This is part of Vail Law's Litigation Checklist. Trademarks and Trademark Litigation: How to Protect Your Brand Denied. 0000000015 00000 n R. Many courts are reluctant to consider and grant ex parte motions for a temporary restraining order, except under the most extreme and exigent circumstances. Counsel needs to consider not only whether to move for injunctive relief but also from whom to seek injunctive relief. What solid, substantial, and persuasive evidence exists that will convince a judge that the nefarious conduct did, in fact, take place? In practice, courts are most persuaded by egregious conduct, the quality of the evidence in support of the TRO, and whether the plaintiff likely will prevail at trial. What Is Qualified Immunity, and What Does It Have to Do With - Lawfare PDF How to Best Avoid or Defend an ADA Drive- By Lawsuit For example, in a noncompetition and non-solicitation case, should the plaintiff move for injunctive relief not only against the former employee but also against the competitor who hired the former employee? Seaboard Oil Co. v. Donovan, 99 Fla. 1296, . Pleading Requirements for a Claim for Attorneys' Fees 1981a (b) (3). 609 (1980), [W]hen asked to grant a preliminary injunction, the judge initially evaluates in combination the moving partys claim of injury and chance of success on the merits. 0000000859 00000 n A patient client and counsel, on the other hand, who wait for the bad conduct to emerge, often obtain more helpful documents and emails than if they simply rushed to court at the first hint of a breach.
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