Injunctions

In civil litigation, claimants seek two general types of remedies. The Remedy at Law is money, referred to as "damages." Remedies in Equity are essentially everything else.

One type of a Remedy in Equity sometimes seen in commercial litigation is injunctive relief. In its most simplistic terms, an Injunction is a Court Order requiring someone to do something, or prohibiting someone from doing something.

Sometimes a party to litigation asks the Court for relief even before the litigation comes to conclusion. This is called a "Preliminary Injunction."

In New Jersey, for a party to litigation to be entitled to a Preliminary Injunction, that party must pass a four-part test. The test is commonly referred to as the "Crowe" test based upon the 1982 New Jersey Supreme Court decision in the case of Crowe v. DeGioia.

The four parts to the test are:

  1. the legal right underlying the plaintiff's claim is well settled;
  2. the plaintiff can show a reasonable probability of ultimate success on the merits;
  3. the plaintiff will be harmed irreparably if the Court does not grant preliminary relief; and
  4. on balance, the plaintiff will suffer greater harm than the defendant if the Court does not grant relief.

If the plaintiff can pass this four-part test then a Chancery Judge sitting in a Court of Equity may grant relief to the plaintiff even before the case is finally concluded.

Not sure if you need an injunction or wondering how to go about it? Call my Medford office at 856-283-0800 or contact me online for a free telephone consultation. Evening and weekend hours may be available by special request. Serving all of Burlington County.