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

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US-02104BG
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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.

The Maine Affidavit of Attorney Claiming Irreparable Harm in Support of Motion for Preliminary Injunction is a legal document used in the state of Maine to support a request for a preliminary injunction in a lawsuit. This affidavit is filed by an attorney on behalf of their client and is designed to provide detailed information regarding the irreparable harm that would be suffered by their client if the court does not grant the preliminary injunction. The purpose of this affidavit is to convince the court that immediate action is necessary to prevent irreparable harm to the plaintiff or their interests. It typically outlines the specific harm that the client would suffer if the preliminary injunction is not granted, emphasizing the urgency of the situation and the need for immediate relief. In terms of different types of Maine Affidavits of Attorney Claiming Irreparable Harm in Support of Motion for Preliminary Injunction, there may not be specific variations of the affidavit itself, but the content can vary depending on the nature of the case. For example, this affidavit can be filed in cases involving various legal matters such as contract disputes, intellectual property infringement, torts, or any situation where immediate injunctive relief is sought. Keywords: Maine, affidavit, attorney, irreparable harm, preliminary injunction, motion, lawsuit, request, legal document, client, court, harm, relief, injunction, lawsuit, contract disputes, intellectual property infringement, torts.

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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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The reasons for the extension shall be entered of record. In case a temporary restraining order is granted without notice, the motion for a preliminary. The "Affidavit" is a sworn statement by the enforcement official outlining facts which will support a finding by the judge that "irreparable harm" exists.Feb 23, 2023 — This article defines preliminary injunction, details its elements and the hearing process, and includes a sample motion to download. The preliminary injunction may be obtained in blank from the clerk and must be filled out by the plaintiff's attorney. The plaintiff's attorney is ... Jan 13, 2023 — Plaintiffs' motion for a preliminary injunction satisfies none of the requirements for the extraordinary relief they seek and should be denied. by X BECERRA · 2020 — ... irreparable harm in the absence of preliminary injunctive relief; (3) the ... Notice of Motion and Motion for a Preliminary Injunction or Stay;. Every temporary restraining order issued without notice must state the date and hour it was issued; describe the injury and state why it is irreparable; state ... Mar 17, 2021 — MOTION FOR A PRELIMINARY INJUNCTION. The “Tax Mandate” in the ... Ohio will be irreparably harmed without an injunction. irreparable injury in the form of loss of federal funds to support a preliminary injunction, and the Counties, California, D.C., and Oregon have ... Aug 27, 2018 — On the second factor, an injury is “irreparable” if it “cannot adequately be compensated for either by a later-issued permanent injunction, ...

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