3 Steps To Calculating Damages For Unnecessary Injunctions

Law360 (August 1, 2019, 3:55 PM EDT) -- The remedy of a pretrial injunction is a formidable weapon in the armory of a plaintiff. Such an injunction will often prevent a defendant from doing something (or more rarely compel a defendant to do something) until trial, generally for the purposes of “holding the ring.” What happens however, if at trial, it is found that the plaintiff had no right to the injunction?

It is commonly understood that the price paid by a plaintiff for an injunction is usually an undertaking to the court to compensate the defendant for "any loss" the defendant may sustain as a consequence of the...

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