Equity - NY Flashcards
Equitable relief is not available when
an adequate legal remedy exists.
A legal remedy may be inadequate or unavailable when…
(1) Money damages are insufficient to fully compensate for irreparable harm.
(2) Damages are uncertain or unfairly speculative.
(3) The subject matter of the lawsuit (e.g. a contract for the sale of specific land) is unique
(4) The defendant is insolvent
(5) Compensation for the harm would require the filing of successive lawsuits; or
(6) The nature of the defendant’s conduct is willful.
Equitable remedies are personal, enforceable, and discretionary. Elaborate.
Personal: They compel or prohibit conduct by a party or parties.
Enforceable: Courts will not award equitable relief when such relief is not enforceable. e.g. Courts will not grant specific performance on a contract for personal services because, among other reasons, the court cannot exercise continuing control over the employment relationship.
Discretionary: Even when no adequate legal remedy exists, the court may refuse to grant equitable relief. In other words, equitable relief will not be granted as a matter of right.
Unlike money judgments, equitable remedies are ________.
directly enforceable by a court.
An injunction may be sought as the primary form of relief. For example, when a plaintiff brings suit on a claim of discrimination, the remedy he seeks may be an injunction against future discrimination by the defendant.
In addition, injunctive relief may be sought as ancillary to a pending lawsuit that preserves the status quo until a full hearing or trial can occur. These ancillary remedies (often referred to as interlocutory injunctions) include temporary restraining orders and preliminary injunctions.
The requirements for the issuance of an injunction are:
i) A showing that a remedy at law is inadequate or unavailable;
ii) A showing that the injunction is enforceable by the court; and
iii) A showing that the harm to the plaintiff outweighs the burden of the injunction on the defendant.
Injunctive Relief can take two forms:
(1) Mandatory (2) Prohibitory.
What is a mandatory injunction?
A mandatory injunction is one that requires an affirmative act by the defendant. For example, in a suit by the state of New York against the EPA, the court may order the EPA to develop regulations for the reduction of carbon dioxide emissions. A mandatory injunction is most frequently applied in cases of nuisance, trespass, and protection of easements.
What is a prohibitory injunction?
A prohibitory injunction forbids a defendant from engaging in harmful or illegal conduct. For example, the defendant may be ordered to cease its conduct in discriminating against customers based on race or national origin.
What is a temporary restraining order?
An ancillary remedy that may be sought to maintain the status quo (usually for no longer than 10 days) pending the issuance of a preliminary injunction. It may be issued ex parte.
What must be shown to get a TRO?
(1) Irreparable harm to the plaintiff will occur unless the TRO is issued;
(2) The benefit to the plaintiff heavily outweighs the burden/harm to the defendant;
(3) The plaintiff is likely to succeed on the merits of her claim(s);
(4) The interests of the general public favor the issuance of the TRO; and
(5) The status quo must be maintained.
In terms of a TRO: what is irreparable harm?
The definition of “irreparable harm” is not uniform among courts. It does, however, include harm of the type that cannot be measured by any pecuniary standard.
The issuance of a TRO (is/ is not) appealable.
is not
In New York, courts may issue a TRO without notice if…
the plaintiff, on a motion for a preliminary injunction, shows that immediate and irreparable injury, loss, or damage will result unless the defendant is restrained before a hearing can be held. Upon issuing a TRO, the court must set the hearing for the preliminary injunction at the earliest possible time. N.Y. C.P.L.R. 6313.
What must be shown to get a preliminary injunction?
i) May be issued only after the defendant receives notice and an evidentiary hearing is held;
ii) May be issued after an examination of the same factors used for issuance of a TRO; and
iii) Can remain in effect pending a trial on the merits (after which it expires, or by further order of the court, becomes permanent).
When it appears that the defendant threatens or is about to commit an act “in violation of the plaintiff’s rights respecting the subject of the action, and tending to render the judgment ineffectual,” courts are authorized to issue a…
preliminary injunction
At the preliminary injunction stage, you are more likely to get a ___ rather than a ____ injunction.
prohibitory, mandatory.
What questions should be asked to determine whether equitable remedies are available?
i) Are damages measurable? If so, equity relief will generally not be available.
ii) If damages are difficult to measure (i.e., the harm is of a type that cannot be compensated with money), equitable relief may be available.
iii) When considering injunctive relief, consider whether a TRO, a permanent injunction, or both should be sought.
iv) If a permanent injunction is sought, the student must show that the injunction is enforceable by the court, and the balance of hardships favors the plaintiff.
v) Finally, inquire whether the defendant may assert any equitable defenses.
In most instances, trespass, even without damage to the land, can be compensated with money damages. However…
when the trespass is continuous, equity may enjoin the harm. For example, when a plaintiff’s land is contaminated by hazardous waste that seeped onto his land from a neighboring property, an injunction may issue to prevent future releases of waste into the environment.
Acts by a defendant that interfere with a plaintiff’s use and enjoyment of her land constitute the tort of nuisance. A private nuisance is one that interferes with a specific plaintiff’s use and enjoyment, while a public nuisance is one that harms numerous persons coming within the zone of harm created by the defendant.
An injunction may be available against a _________, but equity will not enjoin a ____________, unless the plaintiff can prove special harm not suffered by the public generally.
private nuisance; public nuisance
EXAM NOTE: Be wary of the situation in which the nuisance is created by the operation of a factory or other business enterprise. In such circumstances, the balance of hardships factor becomes paramount. Most courts will not grant an injunction when the economic consequences to the business outweigh the economic consequences to the plaintiff. In other words, the courts are reluctant to grant an injunction that prohibits operation of the factory or business. Damages must suffice.
An act (or failure to act) by a person in lawful possession of property that causes unjustifiable diminution of a future interest in the property constitutes waste. Generally, a legal remedy in damages is available, measured by the reduction in value of the future interest caused by the harmful acts (destructive waste) or the failure to act (permissive waste).
However,
in some instances the harm cannot be easily measured in dollars, as when the destruction of a stand of trees cannot be measured by the value of the resulting lumber. In such a case, a prohibitory injunction may issue.
A plaintiff has an easement appurtenant that allows use of a neighbor’s road to access a public highway. The neighbor blocks the road. What equitable relief may the plaintiff successfully argue for?
There is no way that this is compensable in money because the plaintiff still needs a way to access the public highway, so a prohibitory injunction may be issued by the court.
A plaintiff has a right to remove part of another’s land (profit). In this instance, can equitable relief be issued if the landowner obstructs the plaintiff?
Yes.
If you have a chattel which is wrongfully converted, can you get injunctive relief?
Your argument will succeed if the chattel is unique. This is because damages are not compensable in money because the chattel cannot be duplicated in the market.
