Overview & Injunctions

Question 1

When are non-monetary remedies available?

*Remember non-monetary remedies include injunction, specific performance, etc.

Answer 1

When awarding the plaintiff money is not enough.

Question 2

Mandatory Injunction

Answer 2

A court order that requires someone to do something.

Question 3

Prohibitory Injunction

Answer 3

A court order that prohibits someone to stop doing something.

Question 4

Can a court coerce a party to comply with an injunction? If yes, how?

Answer 4

Yes, by holding the party in either civil or criminal contempt (fines or jail time).

Question 5

What are the three types of injunctions?

Answer 5

1. Temporary restraining order
2. Preliminary injunction
3. Permanent injunction

Question 6

Does a court have to issue an injunction?

Answer 6

No. It’s discretionary.

Question 7

What are the requirements of an injunction?

Answer 7

Needs to be definite and cannot refer to another document to understand what the injunction requires or prohibits.

Question 8

Temporary Restraining Order (TRO)

Answer 8

Preserves status quo until court holds a preliminary injunction hearing. The grant or denial of a TRO cannot be appealed.

Question 9

When can an ex parte TRO be obtained?

Answer 9

Only if:
1. An affidavit or complaint clearly shows facts that immediate and irreparable harm will result before the adverse party can be notified

and

2. The applicant’s attorney certifies to the court in writing the efforts he took to give notice and the reasons notice isn’t required.

Question 10

Preliminary Injunction (Temporary or Interlocutory Injunction)

Answer 10

Preserves the status quo until the court can grant a permanent injunction. It lasts until trial or other decision on the merits.

Unlike TRO, can be appealed immediately.

Question 10

What must the enjoined party be given?

Answer 10

Notice and an opportunity to be heard.

Question 11

What must the movant show for a preliminary junction?

Answer 11

1. Substantial likelihood that they will prevail on merits of the claim
2. Substantial threat movant will suffer irreparable harm which has no adequate remedy without injunction
3. Threatened harm to movant outweighs threatened harm to other party from injunction
4. Granting injunction will not disserve public interest

Question 12

Permanent Injunction (Final Injunction)

Answer 12

May not be issued without a final hearing deciding the merits and lasts until the injunction dissolves.

Question 13

What must the movant show for a permanent injunction?

Answer 13

1. Substantial threat that movant will suffer irreparable harm for which there is no adequate remedy without injunction
2. Threatened harm to movant outweighs threatened harm to enjoined party
3. Granting injunction doesn’t disserve the public interest