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Code · Maryland · Labor and Employment

§ 4-314

252 words·~1 min read·/md/labor-and-employment/4-314·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§4–314.
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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