Injunction

What is an injunction?

An injunction is a legal order issued by a court that requires a person or entity to stop doing a particular act or behavior or to take specific actions. In other words, an injunction is a court order that compels someone to either refrain from or perform a particular activity. It is an equitable remedy in cases where irreparable harm would occur if the court does not intervene.

Injunctions can be temporary or permanent, and courts may issue injunctions in various legal contexts, including intellectual property infringement and breach of contract. They often prevent harm, preserve the status quo, or protect legal rights. For example, a court may issue an injunction to prevent someone from continuing to harass or threaten another person or to prevent a company from infringing on another company’s intellectual property rights.

Need help with an injunction-related situation? Schedule your consultation today with a top business litigation attorney.

What legal issues typically arise related to an injunction?  

The following disputes are among the most common to an injunction:

• Merits of the case: The party seeking the injunction must demonstrate that they have a valid legal claim or defense and that an injunction is necessary to protect their rights.
• Scope of the injunction: The court must narrowly tailor the scope of the injunction to address the harm alleged. Otherwise, it may exceed its authority.
• Enforceability: The party seeking the injunction must be able to enforce it if the other party violates its terms.
• Duration: Injunctions can be temporary or permanent, and the duration of the injunction can depend on the circumstances of the case and the court’s discretion.

What are relevant laws related to an injunction in Florida?

Florida statutes define several situations where injunctions are available as remedies. These include securities transactions (Fla. Stat. § 517.191), real estate disputes (Fla. Stat. § 65.11), and business disputes or court proceedings (Fla. Stat. § 607.1431).

In addition, Florida judges have found injunctions as appropriate remedies in a wide variety of circumstances:

• Defamation against a former business partner (Murtaugh v. Hurley, 40 So.3d 62 (Fla. 3d DCA 2010))
• Enforcement of a non-compete agreement (Osmo Tec SACV Co. v. Crane Environmental, Inc., 884 So.3d 234 (Fla. 2d DCA 2004))
• Trade secret protection (Hatfield v. AutoNation, Inc., 939 So.2d 155 (Fla. 4th DCA 2006))
• Shareholder disputes ((Orlando Orange Groves Co. v. Hale, 144 So. 674 (Fla. 1952))

What is required to prove an injunction is needed in Florida?

Though there are no specific elements that are required for a court to consider granting an injunction, some factors that courts might take into consideration when deciding whether to impose one include:

• Likelihood of irreparable harm: The party seeking the injunction must show that they will likely suffer irreparable harm if the court does not grant an injunction. Irreparable harm means that monetary damages cannot adequately compensate for the injury and that the harm will continue without an injunction.
• Likelihood of success on the merits: The party seeking the injunction must show that they will likely succeed on the underlying legal claim or issue the injunction is meant to address.
• Balance of harms: The party seeking the injunction must show that without an injunction, the injury they will suffer outweighs any injury the other party may suffer if the court grants it.
• Public interest: The party seeking the injunction must show that granting the injunction is in the public interest. The injunction must benefit the party seeking it and serve a broader societal interest.

When a set of facts is appropriate to meet the requirements of an injunction, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path forward to determine an appropriate remedy.

To see what actions may be available for your unique situation, please contact our office to set up your initial consultation.

What are common defenses to an injunction in Florida?

The primary defenses to an injunction in Florida include:

Legal defenses to an injunction claim in business litigation matters in Florida include:

• Unclean hands: This defense arises when the plaintiff is guilty of misconduct related to the subject matter of the lawsuit. The court may dismiss the injunction if the defendant can prove that the plaintiff’s conduct is unconscionable.
• Laches: This defense arises when the plaintiff has unreasonably delayed filing the lawsuit, which has caused prejudice to the defendant.
• First Amendment: This defense arises when the injunction infringes on the defendant’s First Amendment rights, such as the right to free speech.
• Consent: This defense arises when the plaintiff has consented to the conduct that is the subject of the lawsuit.

To see what defenses may be available for your unique situation, please contact our office to set up your initial consultation.

Have more questions about an injunction-related situation?

Crucially, this overview of an injunction does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.