Injunction - Mootness


Rogers v. Burch Corporation, [Ms. 1190088, June 19, 2020] __ So. 3d __ (Ala. 2020). The Court (Bolin, J.; Parker, C.J., and Wise, Sellers, and Stewart, JJ., concur) dismisses as moot an employee’s appeal from a preliminary injunction prohibiting him from soliciting customers or employees of his former employer. Because the two-year period established by the employment agreement expired December 6, 2019, the Court holds “there is nothing justiciable concerning the preliminary injunction because the nonsolicitation clause in the employment agreement expired, at the latest, on December 6, 2019.” Ms. *15. The Court explains that

“The primary purpose of injunctive relief ... is to prevent future injury. See Williams v. Wert, 259 Ala. 557, 559, 67 So. 2d 830, 831 (1953) (‘The court cannot enjoin an act which has occurred.’); 43A C.J.S. Injunctions 17 (2014) (‘Equity will not usually issue an injunction when the act complained of has been committed and the injury has already occurred.’).”

Ms. **13-14, quoting Irwin v. Jefferson Cty. Pers. Bd., 263 So. 3d 698, 704 (Ala. 2018).

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