Injunctions Flashcards
Temporary Restraining Order
A TRO may be issued after notice and an ex parte showing of the need for urgency to prevent irreparable harm. However, although the courts are more likely to grant a TRO, which is limited to 10 days, P should also seek a preliminary injunction pending trial. Here,
Preliminary Injunction (PI)
The granting or refusing of a preliminary injunction is NOT based on a final determination of the merits of the case, but is a provisional remedy designed to maintain the status quo pending a trial. A preliminary injunction will be granted if the P can demonstrate 1) irreparable injury and 2) the likelihood of it prevailing.
Irreparable Injury - Balancing of the Hardship
The moving party must show tha he will suffer irreparable injury if the preliminary injunction is not granted, and this harm may outweight the harm that the D would suffer if the preliminary injunction is granted. Here,
Likelihood of Prevailing
The courts require the P to show that it is probable that he will succeed on the merits of his claim. The plaintiff must show the likelihood of success on the underlying claim. Here,
Permanent Injunction - PI BFD
The court will only grant a permanent injunction if the P shows 1)and inadequate legal remedy 2) a property right 3) feasibility of enforcement, 4) balancing of the hardships, and 5)no defenses exist.
Inadequate Legal Remedy
The moving party must show that money damages, replevin, or ejectment are inadequate to compensate the P for the damage he has suffered. Here,
Property Right
The moving party must have a property right at stake with regards to the injunction. Here,
Feasibility of Enforcement
A permanent injunction may not be feasible if the court must supervise the enforcement of the judgment. Here,
Balancing of Hardships
The P’s hardship if the injunction is not granted must outweigh D’s hardship of the injunction is granted. Here,
Defenses (Lack of Defenses)
No defenses can exist for the court to grant a permanent injunction. Here,
Laches
Laches refers to the P sitting on his rights. If the P’s inaction encouraged or allowed the D to act to his detriment, then the courts will not allow the permanent injunction. here,
Unclean Hands
A P must come into equity with “clean hands”. A D who is guilty of misconduct concerning the transaction will be barred from obtaining a permanent injunction. Here,
Freedom of Speech
A permanent injunction will not be issued if the D is exercising his right to free speech or the injunction would be characterized as a “prior restraint” Here,
Criminal Act
“Equity will not enjoin crime” Here,
