USA Law and Practice Contributed by: Courtney Scobie and Jack Edwards, Ajamie LLP
and the need for immediate action. This motion typi- cally includes evidence and legal arguments. The court reviews the motion and supporting documents to determine whether there is an immediate need for injunctive relief. If there is, the court will issue an injunction, often without prior notice to the opposing party. A TRO is a short-term emergency injunction often issued without a full hearing. TROs are often issued on an ex parte basis, meaning that they are granted with- out notifying the opposing party. The TRO typically lasts for a short period, often no more than 14 days. After issuing a TRO, the court typically schedules a hearing on a preliminary injunction. At this hearing, both parties present their arguments and evidence, and the court decides whether to convert the TRO into a preliminary injunction. A preliminary injunction typically lasts until a trial on the merits concludes. Many federal courts handle emergency or out-of- hours requests for injunctive relief. Certain judges are often assigned to handle emergency matters, even outside regular court hours. TROs and preliminary injunctions are temporary measures to address immediate needs. To obtain a permanent injunction, parties must proceed to a trial on the merits. 6.3 Availability of Injunctive Relief on an Ex Parte Basis Injunctive relief, including TROs, can be obtained on an ex parte basis. An ex parte TRO is issued with- out providing notice to the respondent (the oppos- ing party) and without the respondent being present. This procedure is typically used in emergency situa- tions where immediate action is necessary to prevent irreparable harm. 6.4 Liability for Damages for the Applicant If the respondent successfully challenges and dis- charges an injunction, the applicant can be held liable for any damages suffered by the respondent owing to the injunction. These damages can include financial losses, legal fees, and other harm directly caused by the injunction. In some cases, the court may require
the applicant to post a bond or provide security to cover potential damages that the respondent may suffer if the injunction is later dissolved. This bond is often known as a “bond for damages”. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Injunctive relief generally applies to actions or assets within the jurisdiction of the court. It does not typically extend to worldwide assets of a party. Injunctive relief issued by a US court is generally enforceable within the USA and its territories but does not have extrater- ritorial effect. Parties seeking to enforce injunctive relief against assets or conduct occurring outside the USA often face complex and international legal considerations. To achieve enforcement beyond the USA, additional steps may be necessary, such as seeking recognition and enforcement of an injunction in a foreign juris- diction through international treaties, conventions, or reciprocal agreements. The principles of comity and international law govern the recognition and enforce- ment of foreign judgments and injunctions, and the process can be intricate and subject to the legal pro- cedures of the foreign jurisdiction. 6.6 Third Parties and Injunctive Relief Third-party injunctive relief is a legal remedy used to compel or restrain the actions of individuals or entities that are not directly involved in the underlying dispute between the primary parties (plaintiff and defendant). Injunctive relief can be obtained against third parties under the following circumstances. • Aid and abetment or conspiracy – third parties may be subject to injunctive relief if they are found to have aided, abetted, or conspired with a defendant in wrongdoing. • Successor liability – third parties can be subject to an injunction if they have acquired the assets or liabilities of a defendant who has been ordered to comply with an injunction. • Vicarious liability – third parties may be subject to an injunction if they have vicarious liability due to their relationship or control over the defendant. • Common enterprise – third parties who are part of a common enterprise or venture may be subject to
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