What is the process of moving from a Temporary Restraining Order (TRO) to a Preliminary Injunction hearing? It is crucial to understand that sometimes, matters tend to proceed to a preliminary injunction hearing. When this happens, courts are likely to, as a way of enabling the parties involved to present their case more thoroughly, order expedited discovery even before the hearing commences. During this time, the court would be aiming to determine whether the preliminary injunction factors discussed in the past three blogs under this series have been satisfied by the movant. We also added that to do this, the presentation from either party is limited by a court since a preliminary injunction hearing is not a full-blown trial.
As a continuation of our discussion, we have shifted gears to focus on “how to deal with denial of injunctive relief.”
Injunctive Relief Application Denied? How to Deal with it
Denial of a Temporary Restraining Order Application
On the one hand, and as you would expect, courts do not always grant injunctive relief, which implies the denial of temporary restraining orders. When this happens, the employer must find a way of mitigating any adverse impacts resulting from the continued contested actions of the employee. One vital strategy an employer may use entails pressing for a preliminary injunction hearing.
However, it would be critical for the employer to consider whether its chances of securing a preliminary injunction would increase following expedited prehearing discovery. This is because the departed employee may be solely possessing crucial files, documents, or communications, and at the preliminary injunction hearing, an employer may be able to bolster its case by obtaining such files, documents, or communications. It also goes without saying that to possibly increase the chances of being granted a preliminary injunction, the employer should also heed any advice, remarks, or guidance made by the court during the temporary restraining order hearing.
Denial of Preliminary Injunction Application
On the other hand, once a preliminary injunction is denied, it is advisable for an employer to weigh the risks involved and costs that would be incurred in trial against the advantages of a potential positive outcome after a trial. Essentially, with the aim of seeking to obtain the requested injunction before the passing of too much extra time, the employer should technically push for an expedited date of trial. In this manner, the employer would still have some leverage in seeking a resolution short of trial should the order of the court regarding the preliminary injunction impliedly suggest or expressly state that, since the harm at issue, if proven, could be satisfied through money damages, the court would not be granting injunctive relief.
In our next blog post titled “Strategies for Countering Potential Counterclaims or Defenses” and part XXII of this series, we will shift gears and provide you with a hands-on guide on how an employer may counter any potential counterclaims and defenses raised during a temporary restraining order or preliminary injunction hearing.
In the meantime, stay tuned for more legal guidance, training, and education. In the interim, if there are any questions or comments, please let us know at the Contact Us page!
Always rising above the bar,
Isaac T.,
Legal Writer & Author.