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“Specific Performance” Injunction

Disputes in court are usually about money:  one party is asking the court enter a money judgment against someone.  Occasionally, however, a party will need to ask the court to compel someone to actually do something, not just pay money, or to restrain a party from acting.

Courts have special powers — in certain instances — to compel or restrain action, through what is called the “equity” powers of the court.  The Court’s powers in equity only exist in certain instances.

For example, the contract may have a clause that triggers the equity side of the court, to  compel a party to act a certain way or pay money,  immediately. Again, this is significant because, ordinarily, a court  cannot compel to “do something” which also called specific  performance.

This is contrasted with the usual claims for money, like in commercial litigation, where the endgame result from filing a law suit is either a judgment for money (non payment of lease, or for services, or for renovations to property, often resulting in a mechanic’s lien).  Non-payment of a judgment can result in collection, and garnishment of money. None of those things, however, involve a court ordering specific performance.

Specific performance is different.  Examples include, asking a judge to compel a party to refrain from working for a competitor, sharing trade secrets, or reaching out to customers.  A court could also order the transfer of land, as each parcel of land is deemed sufficiently unique that a money judgment would not suffice to make a party whole and thus, a court can order the transfer of land in certain instances.

You should talk to a lawyer about when the equity side of the court can be triggered, to seek a recovery beyond a money judgment. It is also extremely important to know whether the contract calls for equitable relief or specific performance, to require or enjoin activities.

A lawyer can explain the unique procedures involved. For example, in Allegheny County, where a party seeks an in injunction, she must file a law suit and also a separate motion to to the judge.  If the case involves a non-compete, an additional motion is needed, to transfer the case to the Complex  Litigation and Commerce section, headed by  the Honorable Judge Christine Ward  (link to Procedure)- or defend against the enforcement of – your agreement, we can help you. We will fully protect your  interests in court for a price that is reasonable.

Our Pittsburgh litigation attorneys have handled cases  involving claims for specific performance, arbitration,  mediation, and jury trials. Our tested and experienced  attorneys will be glad to help protect your rights.

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