Injunctive Relief

Question 1

there are two kinds of injunctive relief. what are they?

Answer 1

temporary and permanent

Question 2

what is a temporary restraining order

Answer 2

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.

Question 3

how long does the TRO last?

Answer 3

14 days. can be extended an additional 14 days under the right circumstances.

Question 4

what happens after the TRO period is up?

Answer 4

PI hearing must be held.

Question 5

standard for granting a TRO?

Answer 5

(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?

Question 6

what is a preliminary injunction

Answer 6

Granted by the court and it will sit there until the case is decided on the merits. At least a year, usually.

Question 7

is the standard for a preliminary injunction the same as the standard for a TRO?

Answer 7

Yes

Question 8

what is the standard for granting preliminary injunction?

Answer 8

(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?

Question 9

supporting case for preliminary injunction standard?

Answer 9

Epic Games v. Altmeyer

Question 10

the court can require a moving party for prelim injunction to…

Answer 10

post security, meaning if the court ends up being wrong that money can go to the party that was prevented from acting.

Question 11

Is an application for a TRO a pleading?

Answer 11

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

Question 12

does a prelim injunction have to be specifically asked for in the complaint?

Answer 12

yes

Question 13

TRO and supporting files are usually filed when?

Answer 13

at the same time

Question 14

must preliminary injunction be accompanied by a complaint?

Answer 14

yes

Question 15

If the order for preliminary injunction is requested to be issued w/o notice…

Answer 15

(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

Question 16

Will TROs be granted without notice?

Answer 16

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.

Question 17

TRO is __days, prelim injunction is locked in until ____, and permanent injunction is only gotten when ____ and lasts ___. Case?

Answer 17

14; the case concludes and a decision is reached on the merits; the person asking for it is the prevailing party; forever

Wolf Run

Question 18

what are the elements for granting permanent injunction

Answer 18

(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)

Question 19

what is the case establishing the elements for granting permanent injunction

Answer 19

Walgreens v. Sara Creek, competing pharmacy