This form is a Complaint for Injunctive Relief and Damages. Plaintiff filed this action against defendant for breaching a non-competition agreement. Plaintiff also contends that the harm suffered as a result of defendant's conduct is irreparable in nature and cannot be measured solely in terms of monetary damages.
Injunctive Relief Without Security In Pennsylvania
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US-000302
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Code r. 440 - Service of Legal Papers other than Original Process. (ii) by transmitting a copy by facsimile to the party's attorney of record as provided by subdivision (d).
Petitions for special relief are addressed by the Pennsylvania Rules of Civil Procedure, Pa. R.C.P. 1915.13, which provides: At any time after commencement of the action, the court may on application or its own motion grant appropriate interim or special relief.
(a) A court shall issue a preliminary or special injunction only after written notice and hearing unless it appears to the satisfaction of the court that immediate and irreparable injury will be sustained before notice can be given or a hearing held, in which case the court may issue a preliminary or special injunction ...
FRCP(a)(4). Specifically, the rule states that “before it is served on the person to whom it is directed, a notice and a copy of the subpoena must be served on each party.” FRCP(a)(4). This means that each party must be served with a notice of the subpoena and a copy of the subpoena itself.
Rule 440. Service of Legal Papers Other than Original Process. Official Note: Such other address as a party may agree might include a mailbox in the prothonotary's office or an e-mail address. (ii) by transmitting a copy by facsimile to the party's attorney of record as provided by subdivision (d).
The Dragonetti Act is Pennsylvania's version of a wrongful use of civil proceedings law. It allows individuals and businesses to sue those who bring legal claims without merit, without probable cause, or with malicious intent.
Generally, injunctive relief is only available when there is no other adequate remedy available and irreparable harm will result if the relief is not granted.
(1) Answers to interrogatories shall be in writing and verified. The answers shall be inserted in the spaces provided in the interrogatories. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet.
The party seeking a preliminary injunctive relief must demonstrate: (1) irreparable injury in the absence of such an order; (2) that the threatened injury to the moving party outweighs the harm to the opposing party resulting from the order; (3) that the injunction is not adverse to public interest; and (4) that the ...
(a) A court shall issue a preliminary or special injunction only after written notice and hearing unless it appears to the satisfaction of the court that immediate and irreparable injury will be sustained before notice can be given or a hearing held, in which case the court may issue a preliminary or special injunction ...