In what scenario does a former employee's preliminary injunction against her old company not get challenged?

Get ready for the BPS I Civil Procedure Test. Utilize flashcards and multiple-choice questions with detailed explanations to boost your preparation. Excel in your exam!

In the context of civil procedure and preliminary injunctions, the focus is on the condition surrounding notice and opposition. A former employee's preliminary injunction against her previous company may not face a challenge particularly if the company does not oppose the injunction. This scenario typically occurs when the company chooses not to contest the employee’s request for an injunction, which can happen for various strategic reasons.

If a company does not contest the injunction, it implies that they accept the terms or conditions set forth by the former employee, and thus, there is no legal challenge to the injunction itself. This absence of opposition can reinforce the effectiveness of the injunction, allowing it to be implemented without dispute.

It’s important to understand that while individuals having actual notice of the injunction plays a role in ensuring that the injunction can be enforced, it does not directly lead to the absence of challenge. Even when notice is present, the company may still choose to contest the injunction.

Similarly, factors like deeming the injunction as unnecessary do not prevent a challenge; rather, they may serve as a basis for the company to contest the injunction. Therefore, when the company is unopposed, the likelihood of the injunction facing a challenge diminishes significantly.

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