Injunctive Relief Flashcards
What is an injunction?
An injunction is a court order that compels the Deft to either do something or refrain from doing something. It is a type of equitable relief. Enforced by Court’s contempt power.
What is the difference between a permanent injunction and a temporary injunction?
A permanent injunction is granted as a final judgment after a trial or dispositive motion, whereas a temporary injunction is awarded prior to a final judgment in order to maintain the status quo between two parties and avoid irreversible damage.
What are the (4) types of permanent injunctions?
Preventative, Reparative, Prophylactic, Structural
What is a preventative injunction?
A preventative injunction stops the harm altogether. (Example: Company must stop discrimination on the basis of sexual orientation)
What is a reparative injunction?
A reparative injunction repairs or undoes the past harm by stopping the continued consequences of harm and correcting the present. (Example: Company that discriminated in a promotion decision must promote the employee to the position of sales manager.)
What is a prophylactic injunction?
A prophylactic injunction imposes precautions/safeguards to minimize future harm, thereby going beyond just stopping the harm or repairing the harm. (Example: Company that discriminated against employee must adopt non-discriminatory policy and complete various trainings.)
What is a structural injunction?
A structural injunction takes prophylactic injunctions and expands them to a broad, sweeping, systemic level. Structural injunctions are often criticized as judicial advocacy.
What are the (2) types of non-permanent injunctive relief?
Preliminary injunctions and temporary restraining orders (TROs)
What is a preliminary injunction?
A preliminary injunction is granted before the financial judgment, and aim to maintain the status quo during litigation. They more severely restrain the Deft than TRO’s because they often last longer, and as such, they tend to be a little harder to obtain (and require notice in all circumstances).
What is a TRO?
A TRO is an emergency order that’s typically granted before a hearing can be held, only if there’s a threat of immediate and irreparable harm. TRO’s typically operate for a short time period (7-14 days) and require notice for most cases with a few exceptions (i.e. domestic violence).
What is a security/bond?
Both PI’s and TRO’s require a security/bond from the party seeking the relief to protect Deft’s interests.
How do you qualify for a permanent injunction?
There are (5) steps to qualifying for a permanent injunction:
1) Does Pl face a threat of real imminent harm?
2) Will there be irreparable injury?
3) Have we balanced the hardships?
4) Does it serve the public interest?
5) Is it practical?
What is a threat of real imminent harm?
Real = based in fact Imminent = happening in immediate future Harm = violation of the law
What is an irreparable injury?
An injury for which there is no adequate legal remedy (Example: Deft cannot pay, property is unique, rights are intangible, etc.)
How do we balance hardships between Pl and Deft?
We have to balance Pl’s right to a remedy against the undue hardship is may post to Deft.
What is the public interest?
The social consequences imposed by injunctive relief
How do you qualify for a PI/TRO under the main test?
There are (5) steps to qualify for a PI/TRO under the main test:
1) Likelihood of success on the merits
2) Likely irreparable injury is relief is delayed
3) Balance of hardships
4) Public interest
5) Procedural req’s met
How do you qualify for a PI/TRO under the alternative test?
Movant can obtain TRO/PI by showing either:
1) Likelihood of success on the merits and irreparable harm OR
2) A serious question on the merits and that the balance of hardships tips decidedly in its favor
What is the rule for determining scope of an injunction?
As a general rule, the scope (breadth) of an injunction must match the scope of the harm.
What is specific performance?
Specific performance is relevant with K’s only. It is an order to the Deft to perform as promised under a given K. Enforced by Court’s contempt power.
How do you qualify for specific performance?
There are (4) requirements for qualifying for specific performance:
1) A clear, valid, K
2) Irreparable injury (different for sale of goods K’s, service K’s, and sale of land K’s)
3) Balance of the hardships
4) Public interest
How do you modify an injunction?
Injunction can be modified in light of a “change of circumstances” which can be a change in fact or law.
What constitutes a “change in fact” with regard to modifying an injunction?
A change in fact is when something occurs that makes the injunction no longer necessary – often when Deft takes steps to mitigate the risk the injunction sought to prevent.
What constitutes a “change in law” with regard to modifying an injunction?
A change in law occurs when a legislature or administrative authority modifies the current law or passes new laws that warrant modifying the injunction.
What are the (3) ways to terminate an injunction?
1) FRCP 60(b)(5) Relief from Judgement: Court will provide relief from an injunction where the judgment has been satisfied
2) Substantial compliance: Where Deft has complied in good faith with an injunction and eliminated the original harm as much as possible
3) Changed circumstances: When there’s a change in fact/law
How are injunctions enforced?
With Court’s contempt power, an additional remedy. This contempt power gives injunctions their bite.
How do you establish prima facie case of contempt?
There are (4) elements:
1) Clear, specific court order
2) Deft’s knowledge/notice of the court order
3) Noncompliance
4) Intent (willfulness for criminal contempt)
What are the (3) types of contempt remedies?
Civil compensatory, civil coercive, and criminal
What is civil compensatory contempt?
Power of the court to award damages to the Plaintiff for defendant’s failure to comply with the court’s order. Plaintiff may assert this charge. Not allowed in CA. Requires C&CE that Deft violated order. Deft is entitled to due process (notice and right to be heard).
What is civil coercive contempt?
This is the power of the court to impose fines payable to the state, or jail time, to coerce the defendant’s compliance with the court’s order. Deft can purge the contempt charge and obtain his release by committing an affirmative act, such as obeying the order. Plaintiff may assert this charge. Requires C&CE that Deft violated order. Deft is entitled to due process (notice and right to be heard).
What is criminal contempt?
This is the power of the court to punish a defendant’s willful failure to comply with the court’s order. Only the Court may assert this charge. Requires proof beyond a reasonable doubt that Deft violated order. Deft is entitled to all criminal protections. Deft unable to purge penalties, unlike civil coercive contempt.
Ways a Deft can challenge contempt
Court order too vague, compliance was impossible, lacked notice, no personal jx, etc.
Collateral Bar Rule
In general, Deft is prevented from attacking the validity of an injunction in the collateral matter of a defense to a criminal contempt prosecution. The appropriate course of action would be to directly appeal the injunctive order.
Exceptions to the Collateral Bar Rule
Inability to Comply, Lack of Subject Matter or Personal Jx, Transparent Invalidity
What is the ‘Inability to Comply’ exception for the Collateral Bar Rule?
The Collateral Bar Rule cannot justify subjecting a defendant to liability where it is faced with an injunction it is unable to obey or comply.
What is the lack of subject matter/personal jx exception for the Collateral Bar Rule?
An “order entered by a court clearly without jurisdiction over the contemnors or the subject matter is not protected by the collateral bar rule.”
What is ‘Transparent Invalidity’?
The “transparently invalid” exception to the Collateral Bar Rule allows a defendant to challenge the injunction in a contempt action by showing the court lacked the authority to enter the order because it imposed on the defendant’s First Amendment rights.
