Emergency Relief and Injunctions
Disputes are common in the business world and frequently result in litigation. Business disagreements can take years to resolve, however, and in some cases, a company will be faced with an immediate risk of harm that requires emergency action. Fortunately, parties whose property or business interests are in jeopardy can often obtain emergency relief and injunctions. If you are faced with a significant threat to your company’s rights, it is essential to retain an attorney who will advocate aggressively on your behalf. The seasoned Atlanta business litigation lawyers of Poole Huffman have the knowledge and skills needed to help you seek the measures necessary to prevent you from suffering significant losses. We frequently represent parties in business disputes in metro Atlanta, Decatur, and throughout Georgia.Grounds for Seeking Emergency Relief and Injunctions
There are numerous situations that may trigger a party to seek emergency relief and injunctions. For example, they may be necessary to stop a party from infringing on intellectual property rights or violating the terms of a non-compete or non-solicitation agreement. They may also be needed to halt majority stockholders from freezing out minority stockholders in a privately owned company or to prevent a party from destroying or conveying a property that is the subject of a dispute over ownership rights.Emergency Relief and Injunctions Available Under Georgia Law
Generally, under Georgia law, there are three types of relief available to parties whose interests are at risk: temporary restraining orders, interlocutory injunctions, and permanent injunctions. They all seek to restrain a party from taking certain actions, and which relief is appropriate depends on the immediacy of the risk and the duration for which the harmful act must be prevented.
The courts will grant temporary restraining orders without notice to the adverse party if it is clear based on the facts set forth in an affidavit or verified complaint that the moving party will suffer irreparable and immediate damage, loss, or injury before the opposing party is given an opportunity to be heard. The moving party must certify to the court what efforts, if any, they took to provide the adverse party with notice and the basis for the position that notice should not be required.
Unlike temporary restraining orders, a court will not issue an interlocutory injunction without notice to the adverse party. Further, the courts will only grant an interlocutory injunction if the party seeking the injunction shows that there is a substantial threat that they will sustain irreparable harm if the injunction is not granted, and the risk of injury to the party seeking the injunction outweighs any potential harm the injunction may cause to the party being enjoined. Additionally, the moving party must establish they are likely to prevail on the merits of their claim at trial, and that granting the interlocutory injunction will not harm the public interest. The most important factor in considering whether an interlocutory injunction should be granted is the risk of harm, as the primary purpose of the injunction is to maintain the status quo until the parties resolve their dispute.
The courts will only enter permanent injunctions in clear and urgent matters where there is a crucial need to prevent the moving party from suffering damages and being left without an adequate remedy at law.Meet with an Experienced Atlanta Attorney
Businesses can sustain irreparable harm in an instant, but fortunately, the law allows parties faced with an immediate risk of damage to seek emergency relief and permanent injunctions. Whether you are seeking immediate or long term measures to protect your business interests, it is wise to meet with an attorney to discuss your options. The experienced Atlanta lawyers of Poole Huffman are adept at helping parties seek favorable outcomes in business disputes, and if you hire us, we will develop compelling arguments to help you seek the orders necessary to protect your interests. We routinely represent parties seeking injunctions and temporary restraining orders in metro Atlanta, Decatur, and throughout Georgia. We represent people in business litigation matters in cities throughout DeKalb, Cobb, Fulton, and Gwinnett Counties as well. You can contact us at 404-373-4008 or via our online form to set up a confidential meeting.