Civil Litigation,
Appellate Practice
Sep. 20, 2021
Is that injunction prohibitory or mandatory?
An injunction can be prohibitory or mandatory, and the distinction matters. But creative lawyers may attempt to obfuscate an injunction’s true nature.
Charles M. Kagay
Of Counsel
Complex Appellate Litigation Group LLP
Appellate Law (Certified)
96 Jessie Street
San Francisco , CA 94105
Phone: (415) 649-6700
Fax: (415) 362-1431
Email: charles.kagay@calg.com
Harvard Law School
Charles has decades of experience handling appeals that involve complex or novel legal questions and is certified by the State Bar as a California appellate specialist. Find out more about Charles and the Complex Appellate Litigation Group LLP at www.calg.com. Appellate Zealots is a monthly column on recent appellate decisions and appellate issues written by the attorneys of the Complex Appellate Litigation Group LLP.
Lawyers sometimes excel at creative writing. Not just in crafting persuasive briefs, but also in more prosaic tasks like drafting the terms of an injunction. This is because the wording of an injunction can make a big difference, particularly on appeal.
An injunction can be prohibitory or mandatory. The usual distinction is that a prohibitory injunction requires no action and merely preserves the status quo, whereas...
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