When crafting requests for injunctive relief, lawyers often
counsel clients against overreaching. That's because should a
client seek an order that goes too far, there's a risk that the
request will be rejected wholesale, leaving the client with no
relief at all.
Of course, there's always a chance that a client's
request for injunction will be granted as well. Which means clients
must be prepared for the legal and public relations consequences of
getting what they asked for. That being said, when framing the
injunctive relief to be sought, every client needs to contemplate a
very straightforward question: "am I prepared for what happens
if the court says yes?"
The recently granted temporary restraining order in a case out
of Wisconsin—ThedaCare, Inc. v. Ascension NE Wisconsin,
Inc.—illustrates the importance of considering ahead of
time what may lie ahead if and when injunctive relief is obtained.
As it turns out, the plaintiff's initial success getting the
TRO
