July 09, 2019 Articles

How to Play Injunction Poker

Be prepared to have your hand—or your adversary’s hand—called early.

By Sophia Jafrul

There you are, ready to file your claims in federal district court for every kind of relief known to humankind on behalf of your gung-ho client: You seek not only damages but also relief in equity—a temporary restraining order, a preliminary injunction, and a permanent injunction—all as allowed by statute or common law, “however denominated.” You have spent hours learning the facts—at least from your client’s perspective—sufficient to draft a complaint that the client loves; and now, on the very cusp of filing, you are damn sure that once your complaint is served, your adversary will fold or, at worst, see your claims by filing an answer. A scheduling order will issue with deadlines. You’ve got time to hone the details supporting your claims, including preparing witnesses and exhibits. Life is good.

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