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.
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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."
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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.
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The four parts to the test are:
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the legal right underlying the plaintiff's claim is well settled;
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the plaintiff can show a reasonable probability of ultimate success on the merits;
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the plaintiff will be harmed irreparably if the Court does not grant preliminary relief; and
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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.
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Not sure if you need an injunction or wondering how to go about it? Call my Mt. Laurel office at (609) 953-2000 or contact me online for a free telephone consultation. Evening and weekend hours may be available by special request. I serve all of Burlington County and other parts of Southern New Jersey.