Can employees avoid preliminary injunctions because they are not as wealthy as their employers? A recent federal court decision says “No.”
Standards for Injunctive Relief
Seasoned (and even not-so-seasoned) litigators are well familiar with the “four factors” that courts commonly consider when deciding whether to enforce a non-compete by way of an injunction. Namely, (1) whether the party seeking injunctive relief is likely to succeed on the merits; (2) whether the party seeking injunctive relief will be irreparably injured by denial of the relief; (3) whether granting injunctive relief will result in even greater harm to the nonmoving party; and (4) whether granting the injunction will be in the public interest.
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