Injunctions in Texas are complex and lawyers need to be on their toes.
We work on cases that seek to have an injunction entered. We also work on cases trying to defeat an injunction. In this case, we are defending against the injunction.
The client and his prior lawyer went to the temporary injunction on a Friday. The hearing did not go well and was carried over until Monday. Because it didn't go well, I received an email from the client (then only a potential client) on Friday night.
This case was a dispute over the sale of a business. The client was accused of agreeing to sell a business to a couple of employees and then backing out of the agreement three years later. The hearing was supposed to determine whether the client could continue to operate the business.
The client could tell that his prior lawyer wasn't experienced in temporary injunction matters and was in a panic. The hearing was clearly not going well.
We received an email from the client asking if we would be interested in taking over on Monday. Darrell agreed to meet with the client on Friday night to review the situation. We didn't want to take on a matter if we couldn't do a good job.
We accepted the case and worked over the weekend preparing for the contuation of the hearing. We electronically filed a flurry of documents on Sunday and appeared at the hearing on Monday morning.
We took the case because the employees could not meet their burden at the hearing to be awarded a temporary injunction. This proved to be true at the hearing as we continually reminded the judge that one element of a temporary injunction, the requirement of "irreparable harm," would prevent the granting of a temporary injunction.
The court agreed and denied the request for injunction against our client. When the judge announced his ruling we were treated to the added pleasure of seeing one of the employees collapsing in disappointment.
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