Essential Law for Social Workers by Robert Madden

Author:Robert Madden [Madden, Robert]
Language: eng
Format: epub
Tags: Social Science, Social Work
ISBN: 9780231123204
Google: vFr3bfQZS3sC
Publisher: Columbia University Press
Published: 2003-01-15T05:28:34+00:00

PRELIMINARY INJUNCTIONS

In some cases lawyers seek a ruling from the court before trial. A request for a preliminary injunction is known as an “equitable remedy” and is granted by a judge only in special circumstances. A judge may issue a preliminary injunction if convinced that one side could suffer irreparable harm if the other party is not forced to refrain from some potentially injurious type of behavior and the first party has a reasonable chance of winning the lawsuit (Roland Machinery v. Dresser Industries [1984]). When one side goes before a judge to make a motion, the motion is known as an ex parte motion. Consider a case where a managed-care company issues new guidelines for coverage of mental health treatment. Consumers of this health plan could bring a legal challenge, claiming that the changes are illegal under state insurance law. These consumers could ask the judge to issue a temporary injunction prohibiting the managed-care company from implementing the changes until the court decides whether they comply with the law. In this way the company could not deny coverage of mental health services to clients while the case was being litigated. The judge would look for compelling evidence documenting irreparable harm to those who did not receive treatment coverage. In addition, the judge would be likely to issue such an order if the evidence suggests that the consumers’ suit is likely to succeed.

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