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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116807
Experience:  Attorney experienced in commercial litigation.
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How long should it take to get to court for an injunction hearing

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How long should it take to get to court for an injunction hearing and then to get a ruling? This is a case in which we pay insurance premiums each month, but no benefits have been paid for more than a year and the company claims the policies are void (but continues to take premiums.) It took a month to get to court for the injunction hearing. Now, nearly two months later, the judge still hasn't ruled. In that time, my partner has been forced to withdraw from morphine "cold turkey" (which can be fatal) and his health is in steep decline now that we are no longer able to pay for his prescriptions, having paid for them for a year and still paid premiums to the insurer who should be covering them. I felt certain we'd be in better shape after the hearing and that we'd get a quick answer from the judge. (Even if that answer weren't in our favor, just having it would allow us to discontinue the nearly $3000 in monthly premiums so we could apply that, at least, to his care.
Generally, rulings on injunctions should be fairly quickly after the hearing because the purpose of the injunction is to prevent something from happening or to order something to keep happening without which the person will suffer irreparable harm for which money will not compensate him. I have never seen an injuction ruling take 2 months to be honest with you. The only thing you can do is get your attorney to keep on the judge's clerk, since under the law there are no set times to issue a ruling.

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