2. Injunctive Relief Flashcards
Prejudgment Injunction
Issued pending to trial to preserve status quo.
Temporary Restraining Orders (TROs)
Temporary injunctive relief primarily aims to maintain the status quo during litigation, particularly when a party is likely to act in a way that infringes on another’s rights and could render a judgment ineffective.
Notice of TRO
A Temporary Restraining Order (TRO) may be issued without notice/ex parte if:
- immediate action is needed to prevent irreparable injury to the applicant;
- The movant’s attorney must certify the efforts made to notify the opposing party or explain why such notice should not be required.
Duration of TRO
A Temporary Restraining Order issued without notice lasts no more than 30 days unless extended with the consent of the party against whom it is directed.
Bond of TRO or PI
A court or judge may require the applicant to post a bond when granting a TRO or preliminary injunction(PI), to cover potential damages to the restrained party if the injunction is later found unjustified.
The Plaintiff may be held liable up to the amount of the bond if it is determined the injunctive relief was granted in error.
Preliminary (Interlocutory) Injunction
Courts consider several factors to determine if preliminary injunctive relief is appropriate, including:
- The plaintiff’s likelihood of success on the merits;
- The complaint demonstrates that the plaintiff deserves the requested relief;
- The potential for great or irreparable harm to the plaintiff if relief is denied;
- Public Interest Consideration(injunction must not violate public policy).
Notice on PI
A preliminary (interlocutory) injunction cannot be granted without notice to the opposing party.
Duration of PI
A Preliminary Injunction can last indefinitely, remaining in effect until a full trial or hearing on the claim’s merits occurs.
Discretionary of PI
The trial judge has the discretion to grant an injunction, a power that should be exercised prudently and cautiously, and only in clear and urgent cases.
Permanent Injunction
Issued after a full trial on the merits.
Elements:
- Actual Success on the Merits (plaintiff has won the case)
- Irreparable Injury
- Inadequate Legal Remedy
- Balancing of Equities
Property Interests
Property unique and damages inadequate.
Future Trespass
Injunction not ok unless injury irreparable in damages, defendant insolvent, or multiple lawsuits necessary.
Encroachment
focus is relative hardship;
Intentional – Plaintiff entitled to an injunction
if Defendant has notice;
Innocent – Plaintiff entitled to injunction unless Defendant’s hardship to remove structure significantly greater than Plaintiff’’s injury.
Easement
Injunction is permissible if defendant interferes with plaintiff’s rights unless hardship is disproportionate;
self-help is permissible if no breach of peace;
Plaintiff must general first ask Defendant to remove obstruction
Plaintiff is liable for unnecessary damages to defendant’s land.
Waste
Injunction is permissible to prevent affirmative waste;
Not ok for permissive;
Ok for ameliorative if Defendant’s property interest is short duration; Plaintiff must have clear title.
Nuisance
Private-balance equities
Public-injunction ok if criminal punish inadequate, final injunction not ok for public entity defendant with right to take the property.
Personal injury
Injunction is ok if defendant’s conduct ongoing and plaintiff at risk.
Business/Contract
Interfere with contract-injunctive ok because threat of loss of unique opportunity;
trade secret-injunctive ok even without K.
