Injunctions

Question 1

Mandatory Injunction

Answer 1

A Court order that requires a party to do something

Question 2

Prohibitory Injunction

Answer 2

A court order that prohibits a party from doing something

Question 3

What are the three types of Injunctions

Answer 3

(1): TRO
(2): Preliminary Injunction (aka interlocutory)
(3): Permanent Injunction

Question 4

All Injunctions must be . . .

Answer 4

Definite in terms

not refer to another doc to understand what’s required

Question 5

TRO [ex-parte] Reqs

Answer 5

Can be obtained ex-parte with:
(1): affidavit/verified complaint showing specific facts that IMMEDIATE and IRREPERABLE injury will occur before adverse party can be notified; and

(2): attorney certifies they made efforts to give notice.

Question 6

Can a TRO be Appealed?

Answer 6

No, but within 2 days notice a party can move to dissolve or modify it.

Question 7

Prelim. Injunction Reqs

Answer 7

Adverse Party must have Notice + Opportunity to be Heard.

Elements:
(1): subst. likelihood moving party will prevail on merits at trial
(2): subst. threat movant suffers irreparable harm & there’s no adequate remedy at law
(3): Threatened harm > threatened to other party; AND
(4): granting wont disserve public interest

Question 8

Perm. Injunction

Answer 8

NEED FINAL HEARING ON MERITS:

Elements:
(1): Substantial Threat that movant will suffer irreparable harm + no adequate remedy at law
(2): Threatened harm > threatened to other party; AND
(3): Granting injunction wont disserve public interest.

Question 9

Land Injunction Types/Reasons

Answer 9

Trespassing
Encroaching
Injuring Real Prop
Removing things from land
Removing things left on land
Interfering with P’s easement
Stopping Waste
Enjoining Nuisances

Question 10

Trespass Injunction

Answer 10

Injunction against future trespass. Good for:
- Insolvent D
- Repeated trespasses likely, or
- multiple lawsuits would be needed

Question 11

Encroaching

Answer 11

D notice structure encroaches? Mandatory Injunction

D no notice structure encroaches? Court decides whether hardship to remove is significantly greater than injury to P.

Question 12

Inj. for easement interference

Answer 12

Enjoin D interfering with P’s easement rights if burden of injunction does not disproportionally burden D

Question 13

Stopping Waste

Answer 13

Affirmative waste – can get injunction (destroying house)

Permissive waste – cant get injunction (failing to maintain house)

Question 14

Trover

Answer 14

Used to recover items unique/special for plainitff

Question 15

Misappropriation of P’s likeness

Answer 15

Injunction available

Question 16

Defamation vs. Invasion of Privacy

Answer 16

Injunction re: Defamation against future speech generally unconstitutional

Invasion of privacy + no adequate remedy? could be ok.

Question 17

Financial Harm Injunction Types

Answer 17

1: Interference w/ K or prospective economic advantage
2: Misappropriation of P’s likeness or right to publicity
3: Misappropriation of trade secret

Question 18

Interference with a contract or prospective economic advantage

Answer 18

if future damages are
uncertain a plaintiff can seek an injunction against future or continuing interference