Equitable Remedies and Injunctions

Question 1

What must P show to get an injunction (instead of money damages)?

Answer 1

1. P has no adequate remedy at law
   
   • D is insolvent
   • Harm is immeasurable in terms of $
   • Tortious conduct is repetitive or ongoing
2. P has a protectable right
   
   • anything that corresponds with a substantive
     tort will do.
3. Injunction would be enforceable
4. Balance of hardships tips in favor of P.

Question 2

What could make an injunction unenforceable?

Answer 2

Any time the court would have to get in the swamp of deciding what is or isn’t adequate.

E.g. forcing a newspaper to print a retraction, probably grudging, and court would have to say “that is or isn’t good enough.”

E.g. forcing a person who doesn’t want to work to work - also known as involuntary servitude!

Question 3

What three specific defenses are available for a D who wants to stop P from getting an injunction once they’ve passed the 4-part test?

Answer 3

1. Unclean Hands
2. Laches
3. First Amendment protects D’s conduct/speech, or the injunction would be an unlawful prior restraint.

Question 4

Define unclean hands defense to injunction.

Answer 4

when P is guilty of some kind of offsetting misconduct.

Question 5

Define the laches defense to injunction.

Answer 5

Prejudicial delay - and D changed his position in detrimental reliance on P’s acquiescence.

Question 6

What must P additionally show to get a preliminary injunction?

Answer 6

1. Likelihood of success on the merits

2. P would suffer irreparable harm without the injunction.