injunction and Affidavit

[peterveal]

Jurisdiction

Massachusetts

When facing a filed claim that includes an injunction to prevent a person contacting competitors, can the injunction be avoided by including a statement within an affidavit that states the person will not engage in the activities described in the injunction?

 

[adjusterjack]

No.

To avoid an injunction you must get the court to quash the injunction.

Meantime, obey it.

 

[peterveal]

Thank you adjusterjack. The injunction has not been heard by the court yet - the claim has been filed, hearing pending. Given these circumstances would such a commitment avoid the need for an injunction as its sworn under oath and would be presented during the hearing?

 

[adjusterjack]

OK, somebody petitioned the court for an injunction to stop you from doing whatever you're doing. A hearing has been scheduled for some future date.

You want to file a response asking that the petition be dismissed because you have stopped doing what you were doing and promise not to do it again.

Yes, you can certainly to that, either at the hearing or in advance of the hearing. It's preferable that you do it far enough in advance so that the petitioner gets your response.

Then it's up to the petitioner to agree to dismiss or continue to seek the injunction and get it on record in case you renege on your promise at some future date.

You wrote that a claim "includes" an injunction, implying that the claim also includes something else.

What else?

Are you also being sued for monetary damages as part of the claim?

 

[peterveal]

We are counter suing them based on a minority shareholder freeze out. They have sued claiming a fiduciary breach related to helping competitors. Their case is largely based on a small number of emails on a public discussion forum. Their actions are the latest in a series of events to obtain the the equity we hold in the company stretching back almost 2 years and which has also in my opinion, included reworking the payroll to avoid having any distributions.

 

[adjusterjack]

Now you've gone from simple to complicated.

Further discussion should be with your attorney.

 

[zddoodah]

can the injunction be avoided by including a statement within an affidavit that states the person will not engage in the activities described in the injunction?

Maybe.

Discuss this with your attorney (and hire one if you don't have one).