Injunctions

Question 1

Defendant’s defense of unclean hands for injunctions for torts

Answer 1

It is a defense that the party seeking the injunction has acted improperly in the transaction in question.

The improper conduct must relate to the same transaction involved in the litigation. Unrelated unfair conduct is irrelevant.

Question 2

Defendant’s defense of laches for injunctions for torts

Answer 2

Available if plaintiff has unreasonably delayed in bringing an action, the delay is prejudicial to the defendant, and defendant had no knowledge that plaintiff would claim the right alleged in the suit.

Question 3

When does the defense of laches begin to run?

Answer 3

Laches commences to run when the plaintiff has knowledge that a right has been infringed.

Question 4

Laches vs. SOL

Answer 4

Laches may serve as an earlier time bar than the SOL; however, laches general should not be longer than the SOL (Florida courts will consider the facts).

Question 5

Defenses of impossibility, hardship, and freedom of speech for injunctions for torts

Answer 5

In appropriate circumstances, impossibility, hardship, or free speech rights may be used as a defense to an action for injunctive relief.

Question 6

Temporary injunctions

Answer 6

used to preserve the status quo between the parties until a full trial on the merits can be held.

Note and bond required to secure a D’s losses in case the injunction should not have been issued.

P must show that she is likely to prevail on the merits at trial, but will suffer irreparable injury, loss, or damage before the trial can be held unless a temporary injunction is granted.

If not specified in exam, assume permanent injunction.