Injunction

Question 1

A court order to maintain the status quo pending litigation

Answer 1

What is Temporary Injunctive Relief. This temporary measure can come in the form of the temporary restraining order or the (TRO) preliminary injunction.

Question 2

The court considers this remedy to be extraordinary and reserved for emergency situations

Answer 2

Injunctive Relief in the form of a TRO or preliminary injunction.

Question 3

Courts developed a four-part test for determining whether to grant permanent injunction. What is the four part test?

Answer 3

1) the plaintiff has suffered an irreparable injury;
2) remedies available at law, such as monetary damages, are inadequate to compensate for the injury
3) the remedy in equity is warranted upon consideration of the balance of hardships between the plaintiff and defendant; and
4) the permanent injunction being sought would not hurt public interest.

Question 4

Explain what a temporary restraining order (TRO) does and how the court evaluates the TRO

Answer 4

TRO may be issued without a court hearing and without informing the opposing party. These are often issued by state and local courts to prevent contact between parties, where the defendants’ action could seriously harm the plaintiffs. TRO can be issued without notice by a federal court, but cannot exceed ten days without additional court proceedings.

Question 5

Explain what a preliminary injunction does and how the court evaluates the request?

Answer 5

Preliminary injuctions require a court proceeding and notice, usually, to the opposing party. In determining whether to grant or deny a preliminary injunctive relief (1) the plaintiff’s likelihood of prevaliling on the merits; (2) a showing of irreparable injury to the plaintiff if relief is not granted; (3) the threatened injury to the movant is demonstrated to outweigh whatever damage the proposed injunction may cause the opposing party; and (4) the balancing of equities

Question 6

Describe a permanent injunction

Answer 6

To seek a permanent injunction, the plaintiff must pass the four-step test:
(1) that the plaintiff has suffered an irreparable injury; (2) that remedies available at law, such as monetary damages, are inadequate to compensate for the injury; (3) that the remedy in equity is warranted upon consideration of the balance of hardships between the plaintiff and the defendant; and (4) that the permanent injunction being sought would not hurt public interest. The decision to grant or deny permanent injunctive relief is an act of equitable discretion by the district court, reviewable on appeal for abuse of discretion.

Question 7

Explain the defense “Latches”

Answer 7

the elements of the equitable defense of “latches” are: the plaintiff unreasonably delayed in asserting their legal rights or claims, (2) the plaintiff’s delay prejudiced the defendant in some material way, (3) the defendant was unaware that the plaintiff would assert a claim (4) the plaintiff’s conduct gave rise to the situation complained of.