A preliminary injunction or a temporary restraining order against another party acts to prevent any action before the court has made a final decision. The court can require the other party to either do something, or to refrain from doing something, until the decision is made.
The purpose of a preliminary injunction is to preserve the status quo during pending litigation. At Hampton IP, our professionals assists clients nationwide by assessing the balance of hardship and the likelihood of irreparable harm caused to the plaintiff should a preliminary injunction be denied.
Our expert consulting firm helps build a report that seeks to validate your claim that the opposing party's actions will continue to cause you harm in the time between now and the conclusion or settlement of your trial.
Balance of Hardships
Balance of hardships considers the hardship that can occur to the plaintiff from the denial of a preliminary injunction in relation to the hardship to the defendant if the court grants an injunction. Our expert witnesses help triers of fact compare and contrast balance of hardship among litigants by illustrating factors such as level of investment, potential employment disruptions, and economic harm to the parties.
For example, in a case concerning patent or copyright infringement, continued sales of the defendant’s products have the potential to cause the plaintiff irreparable harm in the form of permanent loss of market share, price erosion, or loss of reputation. Irreparable harm includes injury that monetary remedies cannot adequately compensate.
Retain our services by contacting our expert consulting firm at Hampton IP. We have served clients nationwide since 1986.