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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Famous quotes containing the words irreparable, injury and/or rule:
“Many divorces are not really the result of irreparable injury but involve, instead, a desire on the part of the man or woman to shatter the setup, start out from scratch alone, and make life work for them all over again. They want the risk of disaster, want to touch bottom, see where bottom is, and, coming up, to breathe the air with relief and relish again.”
—Edward Hoagland (b. 1932)
“To kill a human being is, after all, the least injury you can do him.”
—Henry James (1843–1916)
“Do I dare set forth here the most important, the most useful rule of all education? it is not to save time, but to squander it.”
—Jean-Jacques Rousseau (1712–1778)