Injunctive Relief

Question 1

Preliminary Injunction definition and reqs

Answer 1

Definition: Maintain status quo until trial
Requirements:
1. Irreparrable Injury if not granted
2. Likelihood of success on the Merits (movant must post bond for harm to D in event P does not succeed at trial)
3. Notice to D

Question 2

Permanent Injunction reqs

Answer 2

1. Legal Remedy Inadequate
2. Decree Feasibly Enforceable
3. If Gross Disparity between D detriment and P’s benefit AND conduct not willful –> balance hardships between benefit to P and D
4. Consider hardship to the public

Question 3

Negative Injunction

Answer 3

Order to stop doing something –> no issues with enforcement

Question 4

Mandatory Injunction

Answer 4

An Order to engage in certain conduct/acts

Not enforceable if either (i) act equires great taste, skill, or judgment; or (ii) performance is out of state

Question 5

Defenses to Injunctive Relief

Answer 5

1. Laches = time to file unreasonable and prejudicial
2. Unclean Hands = in relation to lawsuit
3. Freedom of Speech (Defamation Claims)
4. Impossibility

Question 6

Injunctive Relief re: Crime

Answer 6

Not allowed

Question 7

Who can be bound by injunction?

Answer 7

1. Parties
2. Employees/Agents with notice
3. Others acting in concert with notice

Question 8

Temporary Restraining Order Definition and Requirements

Answer 8

Definition: emergency order imposed to maintain status quo until a hearing can be held on a motion for a preliminary injunction

Requirements: MP must:
1. Give the NMP notice of the TRO
2. Prove that MP will suffer irreparable injury before a preliminary injunction can be obtained
3. Likelihood of succeeding on the merits

Question 9

Exception to TRO Notice Requirement

Answer 9

MP makes a strong showing why notice should not be required