Specific Requirement for Injunctions Flashcards
1
Q
Injunctions Normally Available For:
A
- trespass
- conversion
- intrusion on seclusion type of privacy (type of trespass)
- misappropriation of likeness of name or image
2
Q
Injunctions Normally Not Available For:
A
- defamation
- false light
- public disclosure of private facts
- pending criminal proceedings (only threatened criminal proceedings in extraordinary situations)
3
Q
Restrictive Covenants
A
- GA allows for covenants not to compete in employment and commercial contracts
- Time period of 2 years is presumptively reasonable
- Confidentially agreements time period may be unlimited
- Must have reasonable geographic restrictions
4
Q
Requirements to Obtain Preliminary Injunctive Relief
A
There must be:
- Irreparable Injury
- Likelihood of success on the merits
- Injury to P will outweigh the harm the D will suffer as a result of the preliminary injunction
-Granted after adversary court hearing but before full trial on merits
5
Q
What is required of the plaintiff to gain permanent injunctive relief?
A
- Legal remedy is inadequate
- A property right or protected interest is involved
- Enforcement of the order is feasible
- The hardship to the D or public does not greatly outweigh the benefit P would receive
- No defenses are available
6
Q
TRO’s
A
- Must show likely to suffer irreparable injury if required to wait for a preliminary injunction
- Obtained by filing a petition in the superior court.
- Duration of TRO is at the court’s discretion, but it may not exceed 30 days. unless the party against who it is sought consents to longer period
- Notice is less formal - may be a phone call - because of the emergency nature of a TRO
- May even have an ex parte TRO w/ no notice if make strong showing why notice should not be required.
- Party seeking TRO must post a bond sufficient to reimburse the enjoined party for damages caused by injunction if improperly granted
7
Q
Purpose of TRO’s and Preliminary Injunction
A
-To maintain the status quo
