when would an attorney general seek injunctive

by Antonia Mertz 10 min read

Whenever the attorney general has reason to believe that an employer is engaging in any conduct that would be a violation of sections 285.500 to 285.515, the attorney general may seek an injunction prohibiting the employer from engaging in such conduct.

Full Answer

When is it best to grant an injunction in a case?

Feb 25, 2020 · State Attorney General Seeks Injunction Against ‘Summerkids’ Camp Tuesday, February 25 2020 [Updated] The state Department of Social Services and Attorney General Xavier Becerra are seeking an injunction that would prevent Altadena’s Summerkids camp – where 6-year-old Roxie Forbes drowned last June 28 – from reopening this summer.

What is an injunction?

Feb 25, 2020 · Published on Tuesday, February 25, 2020 | 3:47 pm. [Updated] The state Department of Social Services and Attorney General Xavier Becerra are seeking an injunction that would prevent Altadena’s ...

When can interlocutory injunctions be sought?

Nov 10, 2021 · Attorney for the 499 law students seeking an injunction against the General Legal Council (GLC) has prayed the Court to grant them some time to respond to the Attorney General's affidavit in opposition. Lead Counsel for the students, Mr Martin Kpebu, told a Human Rights Court Division of the High Court that they were served with the Attorney ...

When does the balance of convenience favour the granting of an injunction?

Whenever the attorney general has reason to believe that an employer is engaging in any conduct that would be a violation of sections 285.500 to 285.515, the attorney general may seek an injunction prohibiting the employer from engaging in such conduct. The attorney general may bring an action for injunctive relief in the circuit court of any county where the alleged violation …

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When can an injunction be sought?

17] Section 38 of Specific Relief Act shows that perpetual injunction can be granted to the plaintiff to prevent breach of an obligation existing in his favour, 2) when any such an obligation is arises from contract, 3) Defendants invades or threatens to invade the plaintiff right to enjoyment of property, a) in case ...

What does seeking an injunction mean?

An injunction is an order issued by a judge that forces a person or entity to perform an action or stop taking certain action.

What is an injunction and how is it used to promote justice?

An injunction is a court order requiring a person to do or cease doing a specific action. ... Choosing whether to grant temporary injunctive relief is up to the discretion of the court. Permanent injunctions are issued as a final judgment in a case, where monetary damages will not suffice.

What is an example of injunctive?

An injunction is a court order stating that a company must do something or seize from doing a certain action. ... For example, an industrial plant dumping waste into a lake may be served an injunction to stop that activity.

Who can seek an injunction?

Kanthamma,13 held that defendant can maintain its application seeking injunction under sub rule (a) of Order XXXIX, Rule 1 of the Code only. The court also held that the remedy under Rule 1 (b) and (c) is not available to the defendant and such application by the defendant would not be maintainable.Nov 23, 2021

What is injunctive relief in law?

Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. It is generally only available when there is no other remedy at law and irreparable harm will result if the relief is not granted.

What reasons do you need to get an injunction?

An injunction may be necessary to preserve or prevent the loss of an asset, protect against personal harm, prevent loss or damage to reputation and safeguard business or personal interests.

What is an injunction and when will a plaintiff seek an injunction as a remedy in a contractual dispute?

(1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after the judgement, apply to the Court for a temporary injunction ...

What happens when you get an injunction on someone?

The court can make an order or injunction that the person harassing you must stop their behaviour. If they don't stop harassing you after the court has made an injunction against them, it's a criminal offence and they can be prosecuted in the criminal courts.

What are examples of injunctive relief?

Injunction Examples1) Infringement Of Intellectual Property. The infringement of intellectual property, even for a day, can be incredibly costly to the owner of the property. ... 2) Theft Of Clients. ... 3) Minority Shareholder Freezeouts. ... 4) Breaches Of Fiduciary Duties. ... 5) Breach of Contract. ... 6) Bankruptcy.

What is remedy equity?

A remedy is type of compensation given to someone through a legal proceeding. ... In contrast, equitable remedies are non-monetary solutions to resolve the disputed issue. In addition to these two remedies, a court may also order a declaratory judgment.May 8, 2018

What is an injunctive text?

1. The act or an instance of enjoining; a command, directive, or order. 2. Law A court order requiring a party to refrain from doing a particular act or to do a particular act.

What is an injunction in court?

An injunction is an order by the Court for a party to either do, or refrain from doing, a particular act or thing. This does not include orders made by the Court for a party to make a payment for damages, but instead includes things such as:

Is a mandatory injunction a prohibitory injunction?

It is important to note that a mandatory injunction is not as readily granted as a prohibitory injunction. The Court is more inclined to order someone not to do something than to impose a positive obligation on them. However, the Court will intervene in this way in situations where it is shown that either:

What is an interlocutory injunction?

An ‘interlocutory injunction’ (also known as a ‘perpetual injunction’) is a temporary order which is usually framed to continue to be in force until the trial or until further notice, and are generally sought in urgent circumstances to protect an immediate right until the Court has time to hear the dispute at trial.

What is balance of convenience?

The balance of convenience is the course to achieve justice between the parties pending resolution taking into consideration applicant entitlement, consequences to each party of the injunction or the refusal of the injunction. It is worth mentioning that a weaker claim may still attract interlocutory relief where the balance ...

What is discretionary injunction?

All injunctions are subject to the discretion of the Court and the individual circumstances of each case, and particularly the relief sought once all the factors of the case are considered and weighed up against each other. One particular discretionary factor is whether damages would be an adequate remedy.

What is an ex parte injunction?

An ‘ex parte’ injunction is granted against a defendant who has not been served, this type of injunction is most commonly used in situations of great urgency and generally only lasts for a restricted period of time. The ex parte application must clearly be reserved for very special circumstances.

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