What is a Preliminary or Special Injunction?
A preliminary injunction is defined as temporary relief granted by the courts to maintain the current situation prior to a full trial. Typically, this involves requesting a court to prohibit an opposing party from taking specific actions or continuing with their current course of action, pending a trial on all issues.
With Great Power Comes Great Responsibility
Asking a court to immediately restrain or compel the actions of another is serious stuff. It can fundamentally alter the defendant’s rights and freedoms, for allegedly:
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- violating a promise not to work for a competitor,
- misusing confidential information,
- placing property or assets in jeopardy of permanent loss or destruction, or
- actively defaming, disparaging, or invading the privacy of the plaintiff.
The ability to enforce a restraining or injunction order comes through the court’s contempt power, because violating a court injunctive order is also acting in “contempt of court.” Punishment for contempt of court can include fines plus up to fifteen (15) days in the county jail. See 42 PA Cons Stat § 4136.
Plus, the failure to pay a court ordered fine for contempt carries additional serious penalties. “The court may order the sheriff or other proper officer of any county to take into custody and commit to jail any person fined for contempt until such fine shall be paid or discharged,” but not to exceed three (3) months. See 42 PA Cons Stat § 4134.
Thus, given the harsh consequences coupled with the lack of a full hearing, Pennsylvania imposes significant procedural hurdles before a court can impose a preliminary or special injunction.
The Standard For a Preliminary or Special Injunction
A court may issue a preliminary or special injunction short of a full trial on all the circumstances, but only if immediate and irreparable injury will occur. See 231 Pa. Code r. 1531. Proving “immediate and irreparable” injury can be tricky, however. In fact, the party seeking a special injunction must present proof of actual and irreparable harm, beyond mere speculation.
Definition of “Immediate and Irreparable Injury.”
In New Castle Orthopedic Assocs. v. Burns, 392 A.2d 1383, 1387 (Pa. 1978), the Supreme Court of Pennsylvania held that the evidence must show proof of actual harm, before a preliminary injunction may be issued, even if the harm is monetarily small. Id.(discussing Herman v. Dixon, 141 A.2d 576 (Pa. 1958),and John G. Bryant Co., 369 A.2d 1164 (Pa. 1977)).
In New Castle Orthopedic Assocs., a doctor had allegedly violated a noncompete provision in his employment agreement with an orthopedic association. The trial court granted the orthopedic association’s request for an injunction to enforce the noncompete.
However, the Supreme Court of PA noted the lack of evidence of actual financial harm to the orthopedic association from the doctor’s unlawful competition. In fact, the orthopedic association suffered no loss of business whatsoever, arguably, given its steady receipt of referrals of new patients after the defendant went to work for a competitor.
No Need for “Concrete” Evidence of Injury
On January 22, 2025, PA’s Supreme Court opined that the evidence of irreparable harm must be non-speculative, but it need not be “concrete,” either.
In CKHS, Inc. et al v. Prospect Med Hldgs, Inc. et al, the plaintiff sought to prevent the closing of a hospital, claiming it would cause irreparable harm to the community. There, unlike, New Castle Orthopedic Assocs., above, the plaintiff presented expert evidence of how the community would actually suffer as a direct result from the hospital closure.
Plaintiff’s expert testified that in her 22 years of experience, when health care access is removed from a community “it almost always, if not always, negatively impacts those health outcomes for the community.” The strength and quality of this evidence was debatable as proof of “actual harm,” given use of the phrase “almost always.”
But the Supreme Court of PA decided the evidence of harm was enough, because, according to the highest court in PA, the proof need not be “concrete.”
No Bond, No Injunction
Generally speaking, a preliminary or special injunction will only be granted if the plaintiff files a bond or deposits legal tender with the court. Importantly, the bond requirement can spell death for the requested injunction, because: no bond, no injunction.
The bond serves as security for any damages or costs incurred if the injunction is later dissolved. See 231 Pa. Code r. 1531. Companies offering injunction bond services in Western PA include Surety One, Inc. and Bryant Surety Bonds.
Stopping the Injunction
Any party may move to dissolve (or stop) an injunction at any time. An injunction granted without notice to the defendant will be stopped unless a hearing on its continuance is held within five days or within another agreed-upon or court-directed timeframe.
Let’s Get Started!
Obtaining or opposing a preliminary injunction is a complex legal process with significant implications. It is advisable to seek counsel from a qualified legal professional to navigate this process.
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