Irreparable Injury - The Irreparable Injury Rule

The Irreparable Injury Rule

It has traditionally been a requirement of equity that no relief can be granted unless there is irreparable injury. This requirement, commonly called the "irreparable injury rule", has been the subject of sustained academic criticism, especially by remedies scholar Douglas Laycock, who has argued at length that the rule does not actually explain the decisions of courts in the United States. Nevertheless, the irreparable injury rule was reaffirmed by the U.S. Supreme Court in eBay v. MercExchange, 547 U.S. 388 (2006), a case in which the Court announced a test for injunctive relief that required, among other things, that the plaintiff prove "that it has suffered an irreparable injury".

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