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Affidavit of Attorney Claiming Irreparable Harm in Support of Motion...

Maine Affidavit of Attorney Claiming Irreparable Harm in Support of Motion for Preliminary Injunction

Category:

Affidavits - Attorneys

State:

Multi-State

Control #:

US-02104BG

Format:

Instant download

Description

Irreparable harm is a legal concept which argues that the type of harm threatened cannot be corrected through monetary compensation or conditions cannot be put back the way they were. Examples of such irreparable harm may arise in cutting down shade trees, polluting a stream, not giving a child needed medication, not supporting an excavation which may cause collapse of a building, tearing down a structure, among other actions or omissions.

Irreparable harm is often required to be shown to claim that a judge should order an injunction, writ, temporary restraining order or other equitable judicial action. The party seeking such relief will argue that the judicial action is required to prevent an imminent injury for which there is no other way to prevent the threatened harm.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Affidavit Of Attorney Claiming Irreparable Harm In Support Of Motion For Preliminary Injunction?

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FAQ

Likelihood of Irreparable Harm This requires evidence of ?a real and immediate threat of future injury by the defendant.? City of Los Angeles v. Lyons, 461 U.S. 95, 107 n. 8 (1983).

To warrant preliminary injunctive relief, the moving party must show (1) a substantial likelihood of success on the merits, (2) that it would suffer irrepa- rable injury if the injunction were not granted, (3) that an injunction would not substantially injure other interested parties, and (4) that the public interest ...

Adjective. Irreparable damage or harm is so bad that it cannot be repaired or put right.

Summary. This practice note sets out the purpose and structure of injunction/irreparable harm clauses which acknowledge that a breach of the agreement will cause irreparable harm for which damages will be an inadequate remedy or simply agree that an injunction is the appropriate remedy in the event of a breach.

The plaintiff possesses a clearly ascertainable right in need of protection; There is no adequate remedy at law; The threat of immediate and irreparable harm necessitates the issuance of a preliminary injunction to protect the status quo; The plaintiff has a likelihood of success on the merits of the case; and.

(11) A plaintiff seeking a preliminary injunction bears the burden of presenting facts which show a reasonable probability that he will succeed on the merits.

The movant, or party seeking the injunction, usually has to prove that they will suffer irreparable harm if the injunction is not granted. This is because the purpose of an injunction is to prevent harm before it occurs, and once harm has occurred, it may be too late to adequately compensate the injured party.

Plaintiffs make this motion for a preliminary injunction on the grounds that (1) Plaintiffs have demonstrated a likelihood of succeeding on the merits of their claim that Defendant has [describe unlawful conduct]; (2) Plaintiffs are likely to suffer irreparable harm in the absence of the relief requested; (3) the harm ...

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