Consolidated Electrical Contractors & Engineers, Inc. v. Center Stage/Country Crossing Project, LLC
Court of Civil Appeals of Alabama
1Opinion of the Court
DONALDSON, Judge.
A party who has been wrongfully enjoined or restrained by an injunction issued pursuant to Rule 65, Ala. R. Civ. P., may seek recourse to recover costs, damages, and attorney fees that are the actual, natural, and proximate result of the wrongful injunction under Rule 65.1, Ala. R. Civ. P., or through an independent action. Recovery is limited to the amount of the injunction bond approved by the court under Rule 65(c), Ala. R. Civ. P., unless it can be established that the party who obtained the injunction acted in bad faith, in which event the injured party’s damages are not…
2Cases cited13 opinions
- Delchamps, Inc. v. BryantSupreme Court of Alabama · 1999
- Wallace v. TEE JAYS MFG. CO., INC.Court of Civil Appeals of Alabama · 1997
- Nintendo of America, Inc. v. Lewis Galoob Toys, Inc.Court of Appeals for the Ninth Circuit · 1994
- Willis v. ParkerSupreme Court of Alabama · 2001
- Wal-Mart Stores, Inc. v. GoodmanSupreme Court of Alabama · 2000
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3Cited by1 opinion
- Hendon v. HollowayCourt of Civil Appeals of Alabama · 2017