Section 1337. Ascertaining damages sustained by reason of preliminary injunction or temporary restraining order  


Latest version.
  • The  damages  sustained  by
      reason of a preliminary injunction or temporary restraining order may be
      ascertained  upon motion on such notice to all interested persons as the
      court shall direct. Where the defendant enjoined was  an  officer  of  a
      corporation  or  joint-stock  association or a representative of another
      person, the damages sustained by such corporation, association or person
      represented, to the amount of such excess, may also be ascertained.  The
      amount of damages so ascertained is conclusive upon all persons who were
      served with notice of the motion and such amount may be recovered by the
      person  entitled thereto in a separate action. In order to establish the
      claiming authority's liability for  damages,  the  person  seeking  such
      damages  must  prove by a preponderance of the evidence that, in causing
      the temporary restraining order or preliminary injunction to be granted,
      the claiming authority acted without reasonable cause and  not  in  good
      faith.