Injunctions

Question 1

Prejudgment injunctions

Answer 1

1. Temporary restraining order (TRO)—purpose is to preserve status quo until preliminary injunction hearing can be held, usually no longer than 10 days; can be obtained without notice to D but not effective until D receives notice
2. Preliminary injunction—issued before/during trial; effective until there is a final judgment; and cannot be issued unless D has been given notice of hearing
3. Factors
   • P will suffer irreparable harm without injunction (inadequate remedy at law)
   • P’s hardships significantly greater than D & third parties (balancing of equities)
   • Likelihood that P will succeed on the merits
   • Feasibility of enforcement

Question 2

Permanent injunction

Answer 2

Requirements—P will suffer irreparable harm without injunction; P’s hardships significantly greater than D & third parties

Defenses—laches and unclean hands