The procedures in court will vary depending on whether you are seeking a money judgment, versus an order compelling a party to physically do somethingor restrain from doing something. The latter triggers the court’s “powers in equity,” to required, or “enjoin” certain activity.
Powers in Equity
Please permit a short legal history lesson regarding the legal system in the United States. It originated from the English common law, where the courts were split into at least two different types to handle actions at law (where the parties could obtain a monetary award, only) and actions at equity (where the court could physically restrain a party from doing something.
Modern Procedures Modern court have done away with the absolute division between “law” and “equity” courts. However, certain distinctions still exist between demands for money versus an order restraining conduct. For example, in an action at law (for money) you have the right to a jury trial. However, in equity, to enjoin conduct (such as enforcing a non-compete) the judge sitting “in equity” decides all issues of fact and law and you do not get a jury trial, unless all parties consent.
The Legal Standard To get an injunction, the court must find that no adequate remedy exists “at law,” meaning, the subject matter is so unique that one cannot put a dollar value on the claim. For this reason, it helps if the contract signed by the parties identifies how or why no “adequate remedy of law” would exist.
Trial Judge The claim for an injunction is commenced by the filing of a complaint and a petition to enjoin conduct. In Allegheny County, it may be assigned to a trial judge upon the filing of a motion. Allegheny County is noteworthy for having a commerceand complex litigation center in place that specifically handles litigation of non-compete cases. As of the writing of this article, the commerce court judges include the Honorable Christine Ward.
The Stages The party seeking the injunction may seek an emergency order to enforce a restrictive covenant. There, the plaintiff must show that it will sustain irreparable damage if the emergency order is not granted. These types of relief are rarely granted in part because of the high standard and the short period of time you get to prepare for court. The commerce court will quickly schedule a hearing or conference in 30 days or fewer from the request and the court date comes quickly. Alternatively, the moving party may waive the emergency temporary injunction and opt for more time to do discovery relative to a permanent injunction.
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