Injunctive relief in tort cases Flashcards
Trespass
An invasion of he exclusive possession of land.
When trespass is CONTINUOUS, equity may enjoin the harm in order to prevent a multiplicity of lawsuits.
Generally, cts engage in balancing hardships (benefit to P v. detriment to D)
Typically involves both monetary damages and injunctive relief.
Waste
Act or failure to act by a person in lawful possession of property that causes the unjustifiable diminution of a future interest in the property.
If destruction, may use prohibitory injunction.
If permissive waste, may use mandatory injunction
If ameliorative waste, typically may not use equitable relief.
Nuisance
Private nuisance
- harm to a specific person, or a limited group of people
- injunction is available
Public nuisance
- harm to numerous people
- ct will balance the hardships
- ct will consider equitable relief ONLY when the P can establish special harm not suffered by the public generally
Conversion or trespass to chattel
Wrongful possession of another’s property.
Chattel must be unique to seek injunction.
If can’t be duplicated in the market, may seek injunctive relief.
Defamation
Generally, equitable relief is not available.
- cts reluctant to prevent publication of articles, books, etc.
- injunction would be severe limitation on first amendment rights.
EXCEPTION
-If a D threatens to repeat a statement that has already been found to be defamatory by a ct, OR if invasion of privacy is based on intrusion upon seclusion, a prohibitory injunction may be issued
Abuse of process
If an action is pending in another court, ct may enjoin current proceeding.
Business, commercial, and intellectual property rights
Equity available b/c difficult to measure money
Interference with business relationship
Equity available until breach
unfair competition/misappropriation
injunctive relief may be granted
trade secrets
injunctive relief may be granted
trademarks
Protected by trademark laws, but can be enforced by injunctive relief
rights of publicity
Injunction can be available for misuse
Physical harm and domestic violence
cts may grant injunction or TRO in order to prevent physical harm upon filing, or if the party is in hear of harm by other party.
Tortious conduct that is also criminal conduct
A court will not enjoin a criminal act because the act must be adjudicated before the courts can determine that it was a crime.
BUT almost all criminal acts are torts of some king, so it’s possible for a court to grant an injunction against TORTIOUS conduct that also rises to the level of criminal conduct.
Political rights
enforcement of a statute (voter fraud), may be basis of injunctive relief
