Equity Flashcards
Quote for squishiness
Flexibility is the hallmark of Equity
K?===> what ask for?
Specific Performance
*fact pattern may still allow to ask for injunctions
Don’t forget GOVERNING LAW?
Whether UCC or c/l governs:
√UCC governs K for sale of goods, which are movable items identified at the time of sale of the K.
√c/l rules govern K for personal services and realty.
Pardee v. Camden
list of reasons/common arguments to get into equity jurisdiction
1) Insolvency
2) Property is unique/no substantial similar property (market driven-wise)
3) Unique to individual/special meaning to π
4) No market for the property
5) Continuing harm necessitating Multiplicity Of Suits
6) Superiority of the equitable remedy
7) Inability to calculate damages
8) Damages are ineffective to vindicate (ex civil rights)
One liner for inadequacy
The remedy at law is inadequate when it is not as full, complete or efficacious as the remedy in equity
Injunctive devices
*Provisional Relief
Temp Restraining Order (TRO)
Preliminary Injunctions
Injuctive device
*Permanent Relief
Permanent Injunctions
Factors for Provisional Relief:
LIBP
1) likelihood of success on merits
2) irreparable harm or inadequacy
3) balancing of harm
4) Public Interest
* *all wieghed via a sliding scale/prove more of one–>less of other
Factors for Permanent relief:
Permanent Injunction
1) Inadequacy
2) Likelihood of success on merits
3) Balance of hardships
4) Balancing of equities
5) Public Interest
Injunctions must not disturb ____ __.
Status Quo
Status Quo
what parties were like prior to the dispute
Modern Test for Status Quo
What is the last uncontested status immediately preceding the controversy?
Traditional Test for Status Quo
If the injunction is mandatory:
√then status quo will be changed. NO TRO or prelim injunction issued
If the injunctions is prohibitory:
√then status quo will not change. TRO or prelim will issue.
patents?
(Ebay v. Mercantile Exchange)
Squishiness and discretion
Historically courts grant injunctive relief to vast majority of patent cases given the difficulty in protecting a RIGHT to EXCLUDE & USE, through monetary remedies.( Difficult when proving irreparable injury and money damages inadeq)
Want room for π to choose between $ damages or injunction
Irreparable Harm—>
preliminary (but squishy can be inadequacy too)
Inadequacy—>
Perm injunction
*traditional remedies are inadequate
MULTIPLICITY OF SUITS
Risk of having to sue repeatedly
when there is √ CONTINUING COURSE OF CONDUCT
ex) coupons/passes- continental air v. intrabrokers: would take too many lawsuits to recover the fare for all the free passes improperly transferred to persons not eligible to use them.
Is it true?……. Use facts to mention below analysis:–>
Not a fiction if the first substantial damage award would likely deter the ∆ conduct from continuing; however if ∆ continuing conduct would be more profitable than paying π damages he will not be deterred and π may have too small of damages for litigation. “π may be deterred from suing before defendant is deterred from wrongdoing.”
Willing v. Mazzocone
woman,cow bell, flag, cart…back & forth expressing opinion
π would have to sue repeatedly as ∆ repeated the libel.
equity will not enjoin defamation
equity protects property rts and personal rts
Winter v. NRDC
PRELIM INJ
- π must demonstrate irreparable injury is LIKELY in absence of an injunction
- that “applicant is most likely to suffer irreparable harm BEFORE A DECISION ON THE MERITS CAN BE RENDERED”
- a prelim injunction will NOT be issued simply to prevent the possibility of some remote future injury!
Balancing of Harms if for _____?
Provisional relief (TRO & prelims) "Under balancing of harms in provisional injunctive devices courts require a balancing between the harms to claimant if injunction is denied and harms to the opposition if injunction is granted.
Balance of Hardship is for ______?
Permanent Relief (injunctions) "in permanent injunctions, courts require a balance of the hardships, which is a cost-benefit analysis where the balancing looks at the gain to the claimant if the injunction is granted vs the harm to the opposition if it were granted.
Balance of the Equities is for ___?
***this is where you can also make your limitation arguments
Permanent Injunctions
Many equity courts also balance the equities, which is a test to the relative ethical standing of the parties. Courts will look to whether there were unclean hands, laches and/or any other ethical misconduct in order to balance the standing of the parties.
