Incentives/remedies Flashcards
1
Q
1) Winter v. NRDC
A
a) Facts
i) NRDC tries to get a PRELIM to stop navy sonar testing off the coast of S. Calif.
b) Holding
In awarding injunctive relief, a court must balance the competing claims of injury and must consider the effect the requested relief will have on each party.
2
Q
1) Buckhannon v. WV HHR
A
a) Facts
i) Health center sues the state when the state shuts them down for fire safety violations. After the state passes a law that alleviates them from the issue, they try to recover attornies fees.
b) Holding
i) A prevailing party can’t ask for more than has already been awarded.
ii) A prevailing party is one that has been awarded some relief by the court.
