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 For Threatened Breach In San Antonio
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Multi-State
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San Antonio
Control #:
US-000302
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An injunction is a court order directing a person to do (or stop doing) something. If someone violated your NDA, you would want a court order directing that person to stop using your secrets.
This could include anything from contacting a specific person (the petitioner) to coming near their home, workplace, or even a certain distance from their children's school. Example: A domestic violence injunction might prohibit the abuser from contacting the victim by phone, text message, email, or social media.
Seeking compensation for damages, pursuing specific performance, terminating the contract, restraining the other party from engaging in certain actions, and pursuing restitution based on the value of work performed are all possible remedies for breach of contract.
You can file interrogatories. You can take the case to trial and beat the injunction on legal technicalities. For example, if the petitioner fails to provide evidence of one of the required elements, the injunction should be dismissed.
An equitable remedy in which a court orders a party to perform, or refrain from performing, a particular act. A prohibitory injunction is an order forbidding a party from performing an act; a mandatory injunction is an order to perform an act.
Definition and Types Injunctive relief is a legal remedy that can be awarded by a court to prevent a party from taking certain actions or to require them to take certain actions. It is a form of equitable remedy that is used when monetary damages are not sufficient to remedy a breach of contract.
An equitable remedy in which a court orders a party to perform, or refrain from performing, a particular act. A prohibitory injunction is an order forbidding a party from performing an act; a mandatory injunction is an order to perform an act.
To be entitled to a temporary injunction, the applicant must plead a cause of action and show a probable right to recover on that cause of action and a probable, imminent, and irreparable injury in the interim. “Imminent” means that the injury is relatively certain to occur rather than being remote and speculative.
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 ...
Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. It is generally only available when there is no other remedy at law and irreparable harm will result if the relief is not granted.
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Legal Specialization. (a) Civil Cover Sheet.Injunctive relief is an equitable remedy designed to stop damaging behavior. Injunctive relief, also known as an injunction, is a remedy which restrains a party from doing certain acts or requires a party to act in a certain way. A prerequisite for injunctive relief is the threat of imminent harm, and fear or apprehension of the possibility of injury is not sufficient. Governmental Body Must Be Given Opportunity to Cure Violation. Actions for declaratory judgment or injunctive relief under section 552.3215 may be brought only. The phrase you are concerned about, "threatened breach", is not a big deal in a NDA in my opinion as long as the remedies are typical remedies. The short answer to your question is yes. A party can seek the remedies of damages and injunctive relief as part of the same cause of action.