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Injunctive Relief in Civil Lawsuits in New York
What Is Injunctive Relief?
Not every civil lawsuit is about money. In many high-stakes disputes, what matters most is stopping certain conduct or compelling specific action. This is where injunctive relief comes in.
An injunction is a court order requiring a party to either:
- Do something (mandatory injunction), or
- Stop doing something (prohibitory injunction).
Injunctions are powerful remedies, often used when money damages alone cannot adequately protect a client’s rights.
According to the New York State Unified Court System, civil actions may include claims for “injunctive relief, requiring a party to take or refrain from specific acts.” Federal courts also recognize injunctive remedies under Rule 65 of the Federal Rules of Civil Procedure.
Types of Injunctions in New York and Federal Courts
- Temporary Restraining Orders (TROs): Emergency orders granted quickly, often without notice to the other side, to prevent immediate harm.
- Preliminary Injunctions: Orders issued during litigation to maintain the status quo while the case is pending.
- Permanent Injunctions: Final orders issued after trial or settlement, permanently requiring or prohibiting certain conduct.
Courts only grant injunctive relief when specific legal standards are met. For example, in New York and federal practice, a plaintiff typically must show:
- Likelihood of success on the merits.
- Irreparable harm if relief is not granted.
- That the balance of equities favors the plaintiff.
- That an injunction serves the public interest (in federal court).
Common Situations Requiring Injunctive Relief
Our firm represents clients in urgent cases where injunctions are necessary to protect business and personal interests, such as:
- Business disputes: Preventing partners from losing money or competitors from misusing trade secrets or confidential information.
- Contract enforcement: Stopping breaches that cause ongoing harm.
- Real estate litigation: Halting wrongful construction, trespass, or interference with property rights.
- Commercial fraud: Freezing assets to prevent dissipation during litigation.
The Cost-Benefit of Injunctive Relief
Seeking an injunction is a serious undertaking. Emergency filings require extensive preparation, evidence, and court appearances — often within days. For this reason, injunctive relief cases are best suited to disputes where the stakes are high.
At our firm:
- Initial retainer fees for injunction-related cases typically range from $10,000 to $50,000, depending on urgency, complexity, and subject matter.
- Hourly billing rates range from $450 to $750, reflecting the intensity of the work and the experience level required.
We emphasize to clients that pursuing injunctive relief must be worth the cost of litigation. If the issue at hand does not involve substantial financial interests or significant rights, an injunction may not be the most practical remedy.
Defense Against Injunctive Relief
Just as plaintiffs may seek injunctions, defendants may need to resist them. Being served with a TRO or preliminary injunction can be disruptive, expensive, and reputationally damaging.
Our defense strategies include:
- Challenging whether the plaintiff can meet the legal standards.
- Demonstrating that alleged harm is not irreparable or immediate.
- Arguing that the equities or public interest do not favor granting an injunction.
- Filing counterclaims or seeking dissolution of improperly granted orders.
Injunction defense requires fast, decisive action — often within days of notice. Our attorneys are experienced in responding quickly and effectively in both state and federal court.
Turning Defense into Offense
One of the advantages of working with seasoned litigators is that we think beyond defense. In injunction matters, we often explore whether filing counterclaims or seeking affirmative injunctive relief is appropriate.
Sometimes the best defense is offense. By challenging the plaintiff’s case and seeking your own injunctive orders, we can shift the balance of power in litigation.
Why Choose Our Firm for Injunctive Relief Cases
- Experience under pressure: We routinely handle emergency motions for TROs and injunctions.
- Balanced strategy: We consider whether injunctive relief is financially sensible for your case.
- Trial readiness: Our preparation for hearings often puts clients in a stronger position for settlement.
- Practical guidance: We will tell you honestly whether pursuing or defending an injunction is worth your investment.
As the U.S. Courts note, injunctions are extraordinary remedies. Our role is to ensure they are pursued or opposed effectively, only when the stakes demand it.
Frequently Asked Questions
Can I get an injunction immediately?
Temporary restraining orders may be issued quickly, sometimes the same day, but only under strict standards.
Do I need to post a bond for an injunction?
In federal court and some state cases, plaintiffs may be required to post a bond to protect the defendant if the injunction was wrongfully issued.
How much does an injunction case cost?
Our initial retainers range from $10,000 to $50,000, with hourly rates of $450 to $750. The urgency and complexity of the matter will affect cost.
Can I fight back if an injunction is filed against me?
Yes. Defendants can oppose injunctions, seek their dissolution, and sometimes file counterclaims.
Contact Us
If you are considering seeking or defending against injunctive relief in New York, time is of the essence. These cases move quickly, and the outcome can have lasting consequences for your business or personal interests.
Contact our office today to schedule a consultation. We will evaluate your situation, explain the standards for injunctive relief, and determine whether pursuing or opposing an injunction is in your best financial and strategic interest. Call (212) 537-6612
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