What is a motion for a permanent injunction?
A motion for a permanent injunction is a legal action a party may take in Michigan civil procedure to prevent another party from taking some specific action. It is one of the most common civil remedies available. A motion for a permanent injunction may be filed by a plaintiff to prevent the defendant from doing something. For example, a patent holder may file a motion for a permanent injunction in an infringement lawsuit to prevent the defendant from continuing to make and sell a particular product. Or, a plaintiff may seek a permanent injunction to prevent a defendant from continuing to commit a certain act. The court may grant a permanent injunction if it finds that the plaintiff has a likelihood of success in the case and the plaintiff is likely to suffer irreparable harm if the injunction is not issued. The court also considers whether the issuance of the injunction would be in the public interest. In Michigan law, a party must get leave of court before filing a motion for a permanent injunction. That means filing a motion with the court asking for permission to file a motion for a permanent injunction. The court will decide whether or not to grant the motion, depending on the particular facts of the case. If granted, the plaintiff may then file the motion for a permanent injunction.
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