Injunctive Relief Flashcards
there are two kinds of injunctive relief. what are they?
temporary and permanent
what is a temporary restraining order
Immediate inj that lasts for short period of time. Here, something is being harmed right now and the need is so urgent for it to stop for the time being.
how long does the TRO last?
14 days. can be extended an additional 14 days under the right circumstances.
what happens after the TRO period is up?
PI hearing must be held.
standard for granting a TRO?
(1) Is claimant likely to prevail on the merits? (2) Will claimant be irreparably harmed w/o a TRO? (3) balance harm of issuing TRO between parties. How much does that move the needle? (4) is it in public interest to grant TRO?
what is a preliminary injunction
Granted by the court and it will sit there until the case is decided on the merits. At least a year, usually.
is the standard for a preliminary injunction the same as the standard for a TRO?
Yes
what is the standard for granting preliminary injunction?
(1) Is claimant likely to prevail on the merits? (2) Will the claimant be irreparably harmed without a PI? (3) balance the harm of issuing the PI between the parties. How much does that move the needle? (4) is it in the public interest to grant the PI?
supporting case for preliminary injunction standard?
Epic Games v. Altmeyer
the court can require a moving party for prelim injunction to…
post security, meaning if the court ends up being wrong that money can go to the party that was prevented from acting.
Is an application for a TRO a pleading?
No. By itself doesn’t entitle any party to any kind of relief
To obtain Prelim In, the p’s complaint must expressly ask for it
does a prelim injunction have to be specifically asked for in the complaint?
yes
TRO and supporting files are usually filed when?
at the same time
must preliminary injunction be accompanied by a complaint?
yes
If the order for preliminary injunction is requested to be issued w/o notice…
(1) It must be accompanied by affidavit or verified complaint setting forth that immediate irreparable harm will result to applicant before party can be heard in opposition, and (2) applicant’s atty must certify in writing efforts (if any) to give notice & reasons supporting no notice
Will TROs be granted without notice?
Probably not. “except in the most extraordinary circumstances,” TROs will not be granted absent actual notice to the party to be enjoined or sufficient showing of efforts to provide such notice.
TRO is __days, prelim injunction is locked in until ____, and permanent injunction is only gotten when ____ and lasts ___. Case?
14; the case concludes and a decision is reached on the merits; the person asking for it is the prevailing party; forever
Wolf Run
what are the elements for granting permanent injunction
(1) Irreparable harm (2) Balance of harm (3) Public interest (4) The claimant must prevail on the merits (rather than just a likelihood, so this isn’t even awarded until the plaintiff wins)
what is the case establishing the elements for granting permanent injunction
Walgreens v. Sara Creek, competing pharmacy
