§ 4-314

Maryland § 4-314

• Jurisdiction: Maryland
• Article gle: Labor and Employment
• Title: 4

Text

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.