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Maryland Code, Labor and Employment § 4-314

Current as of December 31, 2021 | Updated by FindLaw Staff

In addition to any other limitation under this Part III of this subtitle, a court may not issue a temporary or permanent injunction in a case that involves or grows out of a labor dispute unless:

(1) each known person against whom relief is sought and each public officer who has a duty to protect the property of the plaintiff is given, in the manner that the court directs, personal notice that the court will hold a hearing on issuance of a temporary or permanent injunction;

(2) at the hearing, the court takes, in open court, testimony offered against the temporary or permanent injunction and affords the opportunity for cross-examination;  and

(3) as a result of the hearing, the court finds that:

(i) an unlawful act:

1. has been threatened and, unless restrained, will be committed;  or

2. has been committed and, unless restrained, will be continued;

(ii) unless it grants the relief requested, the property of the plaintiff will be injured substantially and irreparably;

(iii) greater injury will be inflicted on the plaintiff for each item of relief that the court denies than will be inflicted on the defendant if the court grants the item;

(iv) it is not granting any item of relief for which a court lacks jurisdiction under § 4-307 of this subtitle;

(v) the plaintiff has no adequate remedy at law;  and

(vi) each public officer who has a duty to protect the property of the plaintiff has failed or is unable to give adequate protection.

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Cite this article: FindLaw.com - Maryland Code, Labor and Employment § 4-314 - last updated December 31, 2021 | https://codes.findlaw.com/md/labor-and-employment/md-code-labor-and-emply-sect-4-314.html

Read this complete Maryland Code, Labor and Employment § 4-314 on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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