This proposed legislation, known as the Wrongful Injunction Accountability Act , aims to ensure the United States can recover costs and damages when it is wrongfully enjoined or restrained by a court order. It specifically addresses situations where the government, including its agencies, officers, or employees, is found to have been improperly subjected to a restraining action under Rule 65 of the Federal Rules of Civil Procedure. The bill establishes that if the security required by Rule 65(c) is either not ordered by the court or is insufficient to cover the full costs and damages sustained by the United States, the party who sought the injunction (referred to as the movant ) will be held directly liable for those expenses. This provision is designed to protect taxpayer interests by preventing the government from bearing the financial burden of legal actions that are ultimately determined to be wrongful.
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Timeline
Introduced in House
Referred to the House Committee on the Judiciary.
Introduced in House
Referred to the House Committee on the Judiciary.
Law
Wrongful Injunction Accountability Act
USA119th CongressHR-3502| House
| Updated: 5/19/2025
This proposed legislation, known as the Wrongful Injunction Accountability Act , aims to ensure the United States can recover costs and damages when it is wrongfully enjoined or restrained by a court order. It specifically addresses situations where the government, including its agencies, officers, or employees, is found to have been improperly subjected to a restraining action under Rule 65 of the Federal Rules of Civil Procedure. The bill establishes that if the security required by Rule 65(c) is either not ordered by the court or is insufficient to cover the full costs and damages sustained by the United States, the party who sought the injunction (referred to as the movant ) will be held directly liable for those expenses. This provision is designed to protect taxpayer interests by preventing the government from bearing the financial burden of legal actions that are ultimately determined to be wrongful.