Thursday, April 17, 2014

OHIO Part 58

2. Irreparable Injury

While all four of the criteria considered by the court are of importance, the need to prove irreparable injury is perhaps the most important element which a plaintiff must prove. Indeed, many requests for injunctive relief boil down to a question of whether the complaining party can actually prove that it will be irreparably injured if an injunction is not granted. The irreparable injury suffered can relate to any of the claims outlined in the Complaint so long as a plaintiff can show that monetary damages alone cannot compensate it for its loss. If the court ultimately determines that monetary damages will adequately compensate the complaining party, the request for injunctive relief will be denied.

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