Injunctive Relief

Question 1

Equitable right

Answer 1

There is no absolute right to equity, as there is for legal remedies. No right to jury in an equity trial.

Question 2

Injunction

Answer 2

Order by a court for a D to do something (mandatory)

Or not to do something (negative)

Personal jurisdiction is required over D.

Temporary injunction (issued before trial on merits)
Permanent injunction (issued after trial on merits)

Question 3

Temporary Injunctive Relief

Answer 3

Two-part test:

1. P must show injury is IRREPARABLE.
   - i.e. she will incur irreparable injury while waiting for a full trial on the merits.
2. P must establish she is likely to succeed on the merits
   - Notice generally req’d before court grants temp injunction, but may make exception where harm is imminent.

Question 4

Injunctive Bond

Answer 4

Courts generally ask for an injunction bond posted. This will provide compensation to other party in case injunction was wrongfully entered.

FL: No bond req’d in cases where temp injunction is to prevent Personal Injury or Abuse.

Question 5

Permanent Injunctive Relief

Answer 5

Four part test:
(P has first two parts, D has second two):

1. Inadequate legal remedy (P)
2. Feasibility of enforcement (P)
3. Balancing of hardships (D)
4. Defenses (D)

Question 6

Inadequate legal remedy (P)

Answer 6

P must show legal remedy inadequate.

Common arguments:

1. Irreparable harm (uniqueness)
2. Speculative damages
3. Ongoing or continuing harm
   - Necessary to prevent multiplicity of actions
4. Insolvency of D

Question 7

Feasibility (P)

Answer 7

Two dimensions:

1. Power feasibility
   Court must have power over either D or subject of injunction.
2. Administrative feasibility
   Compliance must be monitored by a judge, is this possible?
   (difficult: complex acts req’ing taste or skill, series of acts over time)

Question 8

Balancing of Hardships (D)

Answer 8

Will decline to enter injunction if burden to D substantially outweighs benefit to P.
-Affects remedy, but does not mean a wrong has not occurred. Look to money dmg’s if equitable remedy is too unbalanced.

**Court will not balance hardships if D’s conduct is Willful

Question 9

Defenses (D)

Answer 9

1. Unclean Hands
   Court won’t grant equitable relief if P has engaged in bad conduct (must be related to lawsuit)
2. Laches
   Court won’t grant equitable relief if sought after an unreasonable delay by P.
   -Clock starts to run when P knows of injury.
3. Free Speech
   If tort is defamation or privacy-based, best answer is that injunction should be denied based on Free Speech considerations.

These defenses affect remedy, but do not mean wrong hasn’t occurred. Therefore, money dmg’s will be appropriate if so.

Question 10

Availability of Injunctive Relief - Usually Available

Answer 10

Available:

1. Continuous trespass to land
2. Conversion of a unique chattel
3. To prevent continuation of a wrongfully instituted suit:
   a. In forum, if malicious and unfounded.
   b. If outside state, based on wrongfully obtained jurisdiction.
   * Injunction runs against parties, not against courts. So may be feasibility problem that prevents issuance of injunction

Question 11

Availability of Injunctive Relief - Sometimes Available

Answer 11

1. Eliminate private nuisance
   (public nuisance is legislative matter)
2. Prevent destructive or permissive waste
   (court usually won’t stop ameliorative waste)
3. To prevent enforcement of a judgment obtained by fraud.
4. Prevent inducement of a breach of contract, unless it reflects simply healthy competitive behavior.
5. Misappropriation of trade mark, trade secret, trade name.

Question 12

Injunctive Relief usually NOT available

Answer 12

1. Defamation
2. Trade libel
3. Invasion of privacy